Surendra Chauhan And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.532 of 2017 (3) dt.02-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.532 of 2017 Arising Out of PS.Case No. -579 Year- 2015 Thana -NAWADA District- NAWADA ======================================================

1. Surendra Chauhan, son of Ganesh Chauhan,

2. Ranjit Chauhan, son of Rajendra Chauhan, Both resident of Village - Balchand Bigha, P.S. - Nawada (Kadirganj, O.P.), District - Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-03-2017 Heard the parties.

This application is for grant of bail in connection with Nawada Town (Kadirganj) P.S.Case No.579 of 2015 for the offence under Sections 341, 323, 324, 326,307/34 of the Indian Penal Code.

It is submitted on behalf of the petitioners that there are allegations against both the petitioners of firing by fire arm on the informant and the injuries were found to be grievous in nature and the injuries are not on the vital part of the body. Petitioner no.2 is in custody for about four months.

Heard learned A.P.P. also, who has opposed the prayer for bail, stating that there is fire arm injury on the informant, which is found to be grievous in nature.

Patna High Court Cr.Misc. No.532 of 2017 (3) dt.02-03-2017 Having heard both sides. In view of the fact that there is direct allegation of firing against the petitioners, causing fire arm injury to the injured but not on the vital part of the body and the injuries are grievous in nature.

Considering the above facts, I am not inclined to grant bail to the petitioners, however, the petitioners may renew his prayer for bail after framing of the charges in this case before the learned court below itself, which shall be disposed of by the learned court below, without being prejudiced by the order of this Court, considering the fact that the injuries are not on the vital part of the body.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U