Patna High CourtCR. MISC./63340/2017disposed

Chhedi Chauhan And ANR v. The State Of Bihar

2018-03-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63340 of 2017 Arising Out of PS.Case No. -239 Year- 2017 Thana -KATEYA District- GOPALGANJ ======================================================

1. Chhedi Chauhan, Son of Ganesh Chauhan,

2. Nathuni Chauhan, Son of Ganesh Chauhan, Both resident of VillageKhudi Chhapar Kateya, P.S.- Kateya, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Naresh Prasad For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code.

At the time of occurrence of assault, petitioner no. 2 Nathuni Chauhan was carrying Pilas (pliers) which is not a weapon of penetration or cutting. Other accused including petitioner no. 1 Chhedi Chauhan were carrying screw and Chaku (knife). The Doctor has found penetrating wound at the chest and neck of the deceased, penetrating the vital parts of the body, which was resulted hematoma and was cause of death. The petitioners are in custody since 22.08.2017.

Considering the nature of allegation against the

Patna High Court Cr.Misc. No.63340 of 2017 (5) dt.16-03-2018 2/2 petitioner no. 1 Chhedi Chauhan, I am not inclined to enlarge him on bail. Hence, his prayer for bail is refused. The learned trial court is directed to expedite the trial.

Considering the aforesaid fact, let the petitioner no. 2, Nathuni Chauhan, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kateya Police Station Case No. 239 of 2017, subject to the condition that the petitioner no. 2 shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner no. 2. Accordingly, this application stands disposed of. (Birendra Kumar, J) Kundan/- U T