Kapil Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43022 of 2023 Arising Out of PS. Case No.-103 Year-2023 Thana- NARHATT District- Nawada ====================================================== Kapil Chauhan Son of Late Saraju Chauhan Resident of village - Punaul, P.S. - Narhat, Dist. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Adv.

For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Narahat P.S. Case No. 103 of 2023 dated 09.03.2023, lodged under Sections 147, 149, 341, 323, 307, 354 & 504 of the I.P.C.

4. As per the prosecution case, the F.I.R. has been lodged against nine named accused persons against whom, the allegation is that they were attacked on the informant, when he was returning from his pumping set situated at his field.

5. Learned counsel for the petitioner submits that there is specific allegation against Gorelal Chauhan, Sachin

Patna High Court CR. MISC. No.43022 of 2023(2) dt.14-07-2023 2/2 Chauhan and Dharmendra Chauhan and against rest others, there is general and omnibus allegation in the F.I.R.

6. Learned counsel for the petitioner further submits that the antecedent of the petitioner is clean and he is in custody since 13.03.2023 in which charge-sheet has already been filed. Counsel submits that the petitioner being close relative of the enemy of the informant, his name has figured in this case at the instance of informant.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada in connection with Narhat P.S. Case No. 103 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

9. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T