Ambesh Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.190 of 2021 Arising Out of PS. Case No.-125 Year-2020 Thana- DURAULI District- Siwan ====================================================== Ambesh Chaubey, son of Jitendra Chaubey, Resident of Village- Garwar, P.S.- Darauli, District- Siwan (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar, Advocate.

For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-08-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Darauli P.S. Case No. 125 of 2020, registered under Sections 341, 323, 324, 307, 379, 448, 504 and 506/34 of the Indian Penal Code.

The accusation is that Jitendra Chaubey and Satendra Chaubey, who are Patidar of the informant, Mirtunjay Chaubey, started to damage the courtyard and floor of courtyard

Patna High Court CR. MISC. No.190 of 2021(2) dt.21-08-2021 2/3 situated in the share of the informant. When the informant made protest saying that there is no partition of the property then all started to abuse. At that time, Ambesh Chaubey (petitioner) and Rakesh Choubey came there having sword and iron rod in their hands and started to abuse. At that time, Ambesh Chaubey (petitioner) gave sword blow causing injury at his head then he fell down. When, his brother, wife and son, respectively, Bidyanand Chaubey, Suman Devi and Manish Chaubey, came to save him then they were assaulted through iron rod, sword, lathi and danda. At that time, Rahul Chaubey laid his wife and Jitendra Chaubey snatched gold chain from her neck.

Learned counsel for the petitioner submits that petitioner and the informant are Patidar and due to land dispute, occurrence of Marpit took place, in which, petitioner's side also sustained injury, regarding which, Darauli P.S. Case No. 126 of 2020 is also instituted against the informant and others. Further submission is that the injuries, as found on the person of the informant and others, are simple in nature. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the

Patna High Court CR. MISC. No.190 of 2021(2) dt.21-08-2021 3/3 event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Siwan, in connection with Darauli P.S. Case No. 125 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Bhardwaj/- (Rajendra Kumar Mishra, J) U T