Dipak Kumar Chauhan @ Pukuwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51227 of 2022 Arising Out of PS. Case No.-93 Year-2022 Thana- KATIHAR NAGAR District- Katihar ====================================================== DIPAK KUMAR CHAUHAN @ PUKUWA Son of Gopal Chauhan R/O- Lal Kothi, P.S.- Katihar, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-12-2022 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 sections 341, 323, 307 and 506 read with 34 of the Indian Penal Code. As per the prosecution case, due to previous enimity, the petitioner assaulted the informant's son with a bamboo stick and the co-accused assaulted him with an iron rod causing severe injuries.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.51227 of 2022(2) dt.21-12-2022 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is a delay of 15 days in lodging of the F.I.R. from the date of occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.06.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that as per the injury report the injury was dangerous to life. 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, Katihar in connection with Katihar Town P.S. Case No. 93 of 2022.

The application stands allowed.

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