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Patna High CourtCR. MISC./57976/2021bail rejected

Bharat Chauhan v. The State Of Bihar

2022-07-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57976 of 2021 Arising Out of PS. Case No.-22 Year-2021 Thana- NARDIGANJ District- Nawada ====================================================== BHARAT CHAUHAN S/o CHANDO CHAUHAN R/o VILLAGETARAUNI, P.S-NARDIGANJ, DISTRICT-NAWADA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.U Pandit, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-07-2022 Heard learned counsel for the petitioner, the State and the informant.

Petitioner apprehends arrest in registered for the offences punishable under Sections 307/302 and other allied sections of the Indian Penal Code.

As per the prosecution case, when the informant went to tie his cattle, he was abused and threatened by the petitioner not to tie the cattle. Later on, petitioner and other accused persons assaulted the informant and his family members causing death of his father.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. There is general and omnibus allegation of assault against 14 named accused persons but one injury has been reported in the post

Patna High Court CR. MISC. No.57976 of 2021(2) dt.05-07-2022 2/2 mortem report. It is stated in paragraph 3 of the bail petition that the petitioner has got clean antecedent. Learned counsel for the State and informant oppose the prayer for bail submitting that there is specific allegation against the petitioner that he too assaulted the deceased. Considering the specific allegation against the petitioner, his prayer for bail is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice. (Prabhat Kumar Singh, J) shashi/- U T