Bharat Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60389 of 2022 Arising Out of PS. Case No.-22 Year-2021 Thana- NARDIGANJ District- Nawada ====================================================== Bharat Chauhan S/O Chando Chauhan R/O Village- Tarouni, P.S.- Nardiganj, Distt- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302, 504, 506 of the Indian Penal Code. The prosecution case in nutshell is that coaccused Mishri Chauhan came at the door of informant and started abusing for not to tie the cattle at particular place. Thereafter, petitioner along with other co-accused persons assaulted the father of the informant due to which he succumbed to injuries.

Patna High Court CR. MISC. No.60389 of 2022(2) dt.03-02-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is general and omnibus allegation levelled against the petitioner. At best, it can be said that petitioner was a member of unlawful assembly and he is non assailant. Petitioner is languishing in judicial custody since 28.07.2022. Moreover, similarly situated co-accused persons have been granted Bail vide order dated 04.07.2022 and 31.08.2022 passed in Cr. Misc. No. 57893 of 2021 and 31707 of 2022 respectively by the different co-ordinate Benches of this Court.

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

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 petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection

Patna High Court CR. MISC. No.60389 of 2022(2) dt.03-02-2023 3/3 with Nardiganj P.S. Case No. 22 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judical Magistrate, 1st Class, Nawada. (Sunil Kumar Panwar, J) nirajkrs/- U T