Rangila Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40406 of 2020 Arising Out of PS. Case No.-225 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== Rangila Choudhary, son of Late Nakchhed Choudhary, Resident of Village Khaira Tola, P.S. Nautan, District West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-04-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Nautan Police Station Case No. 225 of 2020, disclosing offences under Sections 147/341/323/324/307/504/506 of the Indian Penal Code.

The allegation, as per the First Information Report, is that on 04.07.2020, in the morning, the petitioner, along with other co-accused persons, variously armed, assaulted the informant and it has been alleged that the petitioner assaulted the informant on his head by means of farsha. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village

Patna High Court CR. MISC. No.40406 of 2020(3) dt.30-04-2021 2/3 rivalry inasmuch as both the parties are neighbours. He, referring to Annexure-2, submits that there is case and counter case inasmuch as the petitioner has lodged Nautan Police Station Case No. 226 of 2020 against the informant and others for the incident, which has taken place on the same date and time, in which the son of the petitioner has received injury on his thigh and the petitioner has also sustained injury. He next submits that from perusal of the impugned order, it would be evident that the injury report has not been brought on record by the prosecution and the petitioner is in custody since 05.07.2020, having no criminal antecedent.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that both the parties are neighbours, there is case and counter case between them, the injury report has not been brought on record by the prosecution and the petitioner is in custody since 05.07.2020, having no criminal antecedent, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.40406 of 2020(3) dt.30-04-2021 3/3 Chief Judicial Magistrate, West Champaran, at Bettiah, in connection with Nautan Police Station Case No. 225 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √