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Patna High CourtCR. MISC./51587/2021bail granted

Bhim Chauhan @ Bhim Nonia v. The State Of Bihar

2022-05-12Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51587 of 2021 Arising Out of PS. Case No.-505 Year-2014 Thana- NAUBATPUR District- Patna ====================================================== BHIM CHAUHAN @ BHIM NONIA Son of Ram Naresh Nonia Resident of Ajama Bathani, Police Station - Naubatpur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajanan Mishra, Adv.

For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-05-2022 Heard Mr. Gajanan Mishra, learned counsel for the petitioner and Mr. Awadhesh Kumar Singh, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Naubatpur PS Case No. 505/2014 registered for the offence punishable under Sections 147, 148, 149, 323, 324, 307, 302, 379 and 436 of the IPC.

Altogether twenty persons including the petitioner, allegedly, assaulted the father of the informant by means of various traditional weapons and specific allegation against the petitioner is that he along with other accused person, namely, Surendra Nonia assaulted the victim due to which both hands of the informant's father got fractured.

Learned counsel for the petitioner submits that both

Patna High Court CR. MISC. No.51587 of 2021(3) dt.12-05-2022 2/3 the parties are on inimical terms and one case was lodged by the petitioner against the side of the informant under Section 307 IPC due to which all the family members and extended family of the petitioner have been implicated in this case. He next submits that some of the accused person against whom there is specific allegation of assault by means of Fasuli and Khanti has been granted bail by a co-ordiante Bench of this Court vide Annexure-2. It is further submitted that the petitioner is in custody since 07.04.2021 and the charge-sheet has been submitted in the matter.

Having regards to the submissions made by the parties and taking into consideration the nature of allegation against the petitioner, similarly situated co-accused person has been granted bail by a co-ordinate Bench of this Court, petitioner is in custody since 07.04.2021 and the charge-sheet has been submitted in the matter, I am inclined to grant regular bail to the petitioner subject to the conditions that (1) one of the bailors must be a close relative of the petitioner residing within the territorial jurisdiction of the court concerned and (2) petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

Patna High Court CR. MISC. No.51587 of 2021(3) dt.12-05-2022 3/3 Accordingly, let the petitioner, BHIM CHAUHAN @ BHIM NONIA be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Danapur, Patna in connection with Naubatpur PS Case No. 505/2014.

(Anil Kumar Sinha, J) perwez U T