Patna High CourtCR. MISC./48763/2024bail granted

Ram Kewal Chauhan v. The State Of Bihar

2024-07-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48763 of 2024 Arising Out of PS. Case No.-211 Year-2023 Thana- DHANAHA District- West Champaran ====================================================== Ram Kewal Chauhan Son of Late Feku Chauhan R/O Vill.- Khalari Tola, P.S.- Dhanaha, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dhanha P.S. Case No. 211 of 2023 instituted for the offences under Sections 341, 323, 307,379, 504, 325, 506/34 of the Indian Penal Code.

3. Prosecution case, in short, is that on the alleged date and time of occurrence, all the accused persons including this petitioner started abusing the informant and his wife. It is further alleged that the petitioner assaulted the informant by means of bamboo pole on his head due to which he sustained injuries.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.48763 of 2024(2) dt.24-07-2024 2/2 petitioner has falsely been implicated in the present case. Learned counsel further submitted that petitioner and informant are full brother and there is land dispute between them. Learned counsel further submitted that injuries sustained by the informant are grievous in nature. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.03.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner and informant being full brothers having land dispute between them as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhanha P.S. Case No. 211 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T