Chhotelal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67348 of 2022 Arising Out of PS. Case No.-382 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== CHHOTELAL SAH Son of Rajendra Sah Resident of Village - Gokhula, P.S.- Chiraiya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Chiraiya P.S. Case No. 382 of 2022 registered for the offence(s) punishable under Section(s) 341, 323, 354B, 447, 307, 379, 504 and 34 of the Indian Penal Code.

As per the prosecution, informant alleged that this petitioner assaulted on the head of her father by means of iron rod, as a result of which, he sustained head injury and other coaccused persons also assaulted the informant and her father. The main submissions advanced by the learned counsel for the petitioner are that both the parties are agnates, a counter case has been lodged by co-accused Manoj Kumar against the prosecution party and petitioner has fair and clean

Patna High Court CR. MISC. No.67348 of 2022(2) dt.23-03-2023 2/2 antecedent and he has been languishing in jail since 26.08.2022. Further submission is that a land dispute running in between both the parties is stated to be the genesis of the occurrence, though as per the FIR the petitioner assaulted on the head of informant's father by means of iron rod but there is no allegation of having assaulted by the said means repeatedly and moreover the informant's father sustained simple injury on his left upper head measuring 1/2x1/2x1/2 in size and petitioner has been charge-sheeted.

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

In view of the facts, as stated above, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Chiraiya P.S. Case No. 382 of 2022.

(Shailendra Singh, J) Sanjay/- U T