Patna High CourtCR. MISC./53139/2024bail granted

Vijay Kumar @ Vijay Chauhan v. The State Of Bihar

2024-12-09Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53139 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- CHEWARA District- Sheikhpura ====================================================== Vijay Kumar @ Vijay Chauhan S/O Shiv Chauhan R/O Village- Braribigha, P.S- Chewara, Distt.- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP For the Informant :

Mr. Pankaj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-12-2024 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in connection with Chewara P.S. Case No. 41 of 2024, instituted for the offences punishable under Sections 341, 324, 307, 504 and 506 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner assaulted the son of the informant by means of bhujali due to which he sustained injuries on his hand and the petitioner also threatened him of dire consequence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.53139 of 2024(4) dt.09-12-2024 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner and informant are own brothers and there is land dispute in between them. It is further submitted that the petitioner has not assaulted the son of the informant by means of bhujali. The petitioner is in custody since 22.05.2024 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chewara P.S. Case No. 41 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.53139 of 2024(4) dt.09-12-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T