Sugriv Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53563 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- SARMERA District- Nalanda ====================================================== SUGRIV CHAUHAN SON OF SHUKHDEO CHAUHAN RESIDENTS OF VILLAGE- SEKHARABIGHA, POLICE STATION- SARMERA, DISTRICT -NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sarmera P.S. Case No. 96 of 2023 dated 19.5.2023 registered for the offences punishable u/s 341, 323, 325, 307, 338, 504 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with his wife is alleged to have assaulted the informant and his wife with lathi, danda and brick due to which they sustained head injuries and were taken to the hospital for the treatment.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.53563 of 2023(2) dt.25-08-2023 2/3 that the petitioner is innocent and has falsely been implicated in this case due to previous enmity. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. There is case and counter case between the parties. Learned counsel has further submitted that the petitioner had no intention or knowledge to kill the informant. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 12.6.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the informant sustained grievous injury and the wife of the informant also sustained simple injury.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, 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, Nalanda at Biharsharif in connection with Sarmera P.S. Case No. 96 of 2023 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.53563 of 2023(2) dt.25-08-2023 3/3 failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

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