Ganesh Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58485 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- NAWADA District- Nawada ====================================================== GANESH CHAUHAN Son of Late Puna Chauhan Resident of VillageKharidi Bigha, P.S.- Nawada, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Adv.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 308, 379, 354, 504 of the Indian Penal Code. Allegedly, petitioner with other co-accused armed with lathi, danda, iron rod came to informant and abused him. They assaulted him and his family members. Petitioner is said to have assaulted informant's nephew with iron rod on his head. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence as alleged. He has been falsely implicated in this case due to dirty village politics. No such occurrence as alleged ever took place. There is case and counter case between the parties. It is further

Patna High Court CR. MISC. No.58485 of 2022(2) dt.03-01-2023 2/2 submitted that this occurrence took place due to land dispute between the parties. Both the parties have inflicted injuries. Though the allegation against the petitioner that he assaulted the informant's nephew with iron rod but as per the injury report, all the injuries are simple in nature. Petitioner has one criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Nawada Town P.S. Case No. 05 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.