Patna High CourtCR. MISC./61508/2023allowed

Brahmdev Chauhan v. The State Of Bihar

2023-10-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61508 of 2023 Arising Out of PS. Case No.-244 Year-2023 Thana- ATRI District- Gaya ====================================================== BRAHMDEV CHAUHAN son of Hiraman Chauhan Village- Jota Tola Manka Ps- Atri Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Veer For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 34 of the Indian Penal Code.

3. According to the FIR, allegation against the petitioner is that he along with others were levelling and flatning the barren land of the informant for the purpose of construct the way. When the informant objected, the petitioner along with others started assaulting the informant and his cousin due to which they sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics.

Patna High Court CR. MISC. No.61508 of 2023(2) dt.09-10-2023 2/2 General and omnibus allegations are leveled against the petitioner. There is case and counter case, both parties have sustained injuries as alleged in separate occurrence. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 12.6.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Atri P.S. Case No.244 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya.

(Sunil Kumar Panwar, J) Amandeep/- U T