Kinu Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62530 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- ITARHI District- Buxar ====================================================== KINU CHAUHAN S/O HARI PRASAD CHAUHAN VILLAGE- HAKIMPUR, PS- ITARHI, DIST- BUXAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghwendra Pratap Singh For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 147, 149, 341, 323, 307, 302, 504 of the Indian Penal Code.
3. As per FIR, allegation against the petitioner along with co-accused persons is that they came at the house of the informant and started abusing and assaulting the mother of the informant due to which she sustained injury on her nose and left side of eye. During course of treatment, the mother of the informant died.
4. It is submitted by learned counsel for the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. There is no specific
Patna High Court CR. MISC. No.62530 of 2023(2) dt.05-10-2023 2/2 allegation of assaulting levelled against the petitioner rather general and omnibus allegation levelled against him. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 14.09.2023 passed in Cr. Misc. No. 58359 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 21.03.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Buxar in connection with Itarhi P.S. Case No. 81 of 2023. (Sunil Kumar Panwar, J) Manishkumar/- U T