Balister Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69889 of 2021 Arising Out of PS. Case No.-215 Year-2021 Thana- GOVINDGANJ District- East Champaran ====================================================== BALISTER CHAUDHARY, Son of Bharat Raut Resident of VillageManguraha, P.S.- Govindganj, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhanendra Chaubey For the Opposite Party/s :

Mr. Chndrabhushan Prasad, APP For the informant :

Mr. Madhurendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-04-2022 Heard the learned counsel for the petitioner, the learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered for the offences under Sections 143, 341, 448, 307, 324, 323, 504, 379, 506 and 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 02.10.2021, he is a person with clean antecedent, charge-sheet has been submitted and the informant alleges that ten named accused persons including the petitioner along with 20 unknown accused came variously armed with Sword, Farsa, Garasa, rod and started abusing and assaulting him and his brother with an intention to kill and took away their belongings. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, the date of occurrence is 13.07.2021 and the FIR was instituted on 17.07.2021,

Patna High Court CR. MISC. No.69889 of 2021(2) dt.26-04-2022 2/2 i.e., after a delay of 4 days without any plausible explanation and even the injury on the inured is simple in nature. It is further submitted that there is no specific allegation of assault against any of the accused.

The learned A.P.P. and learned counsel for the informant vehemently oppose the bail application but are not able to meet the submissions of learned counsel for the petitioner that there is no specific allegation of assault against any of the accused person in the FIR.

Considering the fact that petitioner is in custody since 02.10.2021, he is a person with clean antecedent, charge-sheet has been submitted and the FIR was instituted after a delay of 4 days and the injuries are simple in nature, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Govindganj P.S. Case No. 215 of 2021.

The application stands allowed.

(Satyavrat Verma, J) sanjeev/- U T