Nirmal Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34729 of 2025 Arising Out of PS. Case No.-792 Year-2024 Thana- HISUWA District- Nawada ====================================================== Nirmal Chauhan S/O Late Tukan Chauhan R/O Village- Jaysri Bigha, P.SHisua, Distt.- Nawada. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-06-2025 Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Hisua P.S. Case no. 792 of 2024 registered under sections 126(2), 115(2), 109, 3(5) of the Bharatiya Nyay Sanhita, 2023.

3. As per the prosecution case, the informant states that the petitioner in an intoxicated condition pushed his handicapped brother and started to abuse him. On the informant's father going to his rescue, it is stated that he assaulted him with khanti on his head leading to grievous injury. The informant further states that the reason for the dispute is that the petitioner is involved in illicit sale of liquor.

4. It is submitted by learned counsel for the petitioner that the petitioner and informant's side are agnates.

Patna High Court CR. MISC. No.34729 of 2025(2) dt.10-06-2025 2/2 There is case and counter case for the occurrence with injuries on both sides. The FIR from the side of the informant which was lodged by the brother-in-law of the petitioner has been brought on record as Annexure-P/2 to the petition. It is submitted that there was no repetition of blow and further the delay in lodging of the counter case was on account of the petitioner undergoing treatment at the Hisua Primary Health Center. The petitioner is in custody since 24.1.2025 and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., there being case and counter case between the parties, the petitioner being in custody since 24.1.2025 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Hisua P.S. Case no. 792 of 2024 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada.

(Partha Sarthy, J) Bibhash U T