Ram Swarup Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60438 of 2022 Arising Out of PS. Case No.-190 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

Ram Swarup Chaudhary S/O Bauelal Chaudhary @ Bauelala Chaudhary R/V- Balaha, P.S.- Rajnagar, District- Madhubani (Bihar) 2.

Ram Udgar Chaudhary S/O Soman Chaudhary R/V- Balaha, P.S.- Rajnagar, District- Madhubani (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 143, 341, 323, 324, 307, 448, 380, 427, 385, 504, 506 of the Indian Penal Code.

The prosecution case in nutshell is that when the informant was fencing his ancestral land, petitioners along with other co-accused persons, variously armed

Patna High Court CR. MISC. No.60438 of 2022(2) dt.03-02-2023 2/3 started abusing and assaulting. Petitioner Ram Swaroop Chaudhary assaulted the informant by means of Farsa, due to which he sustained head injuries. When the son of informant came to his rescue he was also assaulted by petitioner Ram Udgar Chaudhary causing head injury to him. Other members of the informant was assaulted by co-accused persons.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. It is also submitted that there is land dispute between the parties. Injury sustained by the injured persons are simple in nature. Moreover, petitioners are languishing in judicial custody since 15.07.2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Patna High Court CR. MISC. No.60438 of 2022(2) dt.03-02-2023 3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Rajnagar P.S. Case No. 190 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Madhubani.

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