Rajesh Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49965 of 2022 Arising Out of PS. Case No.-103 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== RAJESH CHAUBEY Son of Rupanarayan Chaubey Resident of Village - Birrakh, P.s.- Sursand, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Ramchandra Sahni CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 341, 447, 323, 324, 325, 307, 354(B), 379, 504, 506 read with 34 of the Indian Penal Code.

As per the prosecution case, allegation against the

Patna High Court CR. MISC. No.49965 of 2022(2) dt.12-12-2022 2/3 petitioner is of assaulting the informant's husband with a dabia with intent to kill, causing severe injury.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in two other criminal cases as stated in para 3 of the bail petition which are between the same parties. Learned counsel has further submitted that in the injury report the dimension of injury does not suggest that the injury is grievous in nature. The petitioner is in custody since 04.05.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that injury is grievous in nature.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Sursand P.S. Case No. 103 of 2022.

Patna High Court CR. MISC. No.49965 of 2022(2) dt.12-12-2022 3/3 The application stands allowed.

(Chandra Prakash Singh, J) niku/- U T