Shubham Chaubey @ Subham Kumar Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74218 of 2022 Arising Out of PS. Case No.-144 Year-2022 Thana- DAUDPUR District- Saran ====================================================== SHUBHAM CHAUBEY @ SUBHAM KUMAR CHAUBEY Son of Rishikesh Chaubey Resident of Village - Bareja, P.S.- Daudpur, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Samir Kumar, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-04-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Daudpur P.S. Case No. 144 of 2022 dated 14.05.2022 registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

3. As per the prosecution, the informant's son was assaulted by this petitioner and other co-accused person by means of knife, owing to which the informant's son sustained injuries.

4. The main submissions advanced by petitioner's counsel are that the petitioner has fair and clean antecedent and has been languishing in jail since 15.05.2022 and at the time of his arrest, the police found injury on his left palm for which he

Patna High Court CR. MISC. No.74218 of 2022(3) dt.28-04-2023 2/2 was treated and as per the order impugned, only one stab injury was found on the person of the informant's son.

5. Learned APP appearing for the State has opposed the bail prayer.

6. Considering the seriousness of the allegation appearing against the petitioner and allegedly, this petitioner and co-accused person caused stab injuries repeatedly on the person of the informant's son and from the place of occurrence, the knife used in stabbing the victim was also recovered and as per the order impugned, stab injury in the size of 10 inch x 1 inch was found on the person of the injured which is corroborative to the allegation levelled against the petitioner in the FIR, in my opinion it is not a fit case for bail to the petitioner at this stage. Accordingly, his bail prayer stands rejected.

7. The petitioner may renew his bail prayer after the examination of the victim and the informant in his trial and if in the next one year both the said persons are not produced and examined by the prosecution in the petitioner's trial then he may also renew his bail prayer.

(Shailendra Singh, J) annu/- U