Sita Ram Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57660 of 2021 Arising Out of PS. Case No.-397 Year-2020 Thana- GRIYAK District- Nalanda ====================================================== Sita Ram Chaudhary S/O Ghutar Chaudhary R/O Village-Puran Bigha, P.SGiriyak, District-Nalanda. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Giriyak P. S. Case No.397 of 2020, instituted for the offences under Sections 147, 148, 341, 323, 324, 307, 379, 325, 504 and 506 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 03.08.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

The learned counsel for the petitioner submits that the informant alleges that petitioner assaulted on the head o the husband of the informant by khanti causing injury while other accused persons assaulted Sanjay Chaudhary causing fracture of

Patna High Court CR. MISC. No.57660 of 2021(2) dt.03-03-2022 2/3 hand and other named accused persons snatched golden chain of the informant. It is further alleged that the accused and the informant are gotia and the occurrence took place as the petitioner's side wanted to grab the land of the informant and her family members.

The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that it is admitted that the informant and the petitioner are related to each other. There is land dispute and the allegation of assault though is on the head, but the blow is not repeated. The learned counsel further submits that the petitioner has remained in custody for nearly for more than seven months. The learned counsel further fairly submits that the injuries on the head have been found to be grievous, but then this is the first offence of the petitioner.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in the case and it is his first offence and the blow was not repeated, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.

Patna High Court CR. MISC. No.57660 of 2021(2) dt.03-03-2022 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Nalanda in connection with Giriyak P. S. Case No.397 of 2020. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T