Kailash Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57589 of 2024 Arising Out of PS. Case No.-244 Year-2023 Thana- ATRI District- Gaya ====================================================== Kailash Chauhan son of Late Hariman Chauhan Village- Jota Tola Manka PsAtri Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyaveer Jha For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 34 of the Indian Penal Code.

3. According to the FIR, allegation against the petitioner is that he along with others were leveling and flattening the barren land of the informant for the purpose of construction the way. When the informant objected, the petitioner along with others started assaulting the informant and his cousin due to which they sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics.

Patna High Court CR. MISC. No.57589 of 2024(2) dt.08-08-2024 2/2 General and omnibus allegations are leveled against the petitioner. There is case and counter case, both parties have sustained injuries as alleged in separate occurrence. Both parties are agnates and there is land dispute between them. Moreover, the petitioner is languishing in judicial custody since 03.06.2024. Similarly situated co-accused Brahmdev Chauhan has already been granted bail vide order dated 09.10.2023, passed in Cr. Misc. No. 61508 of 2023 by this Court.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Atri P.S. Case No.244 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya.

(Sunil Kumar Panwar, J) Nirajkrs/- U T