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Patna High CourtCR. MISC./78577/2023allowed

Mohan Chaturvedi @ Mohan Kumar Chaturvedi v. The State Of Bihar

2024-02-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78577 of 2023 Arising Out of PS. Case No.-579 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== MOHAN CHATURVEDI @ MOHAN KUMAR CHATURVEDI Son of Late Divakar Chaturvedi Resident of Village - Bhopatpur, P.S.- Mohania, District - Kaimur (Bhabua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kumar Ojha For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 324, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, the informant alleged that due to previous dispute an altercation was happening between the family members of the informant and the petitioner, in the meantime, the petitioner fired upon the informant due to which he sustained gunshot injury on his left hand.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.78577 of 2023(3) dt.29-02-2024 2/2 committed no offence. He has falsely been implicated in this present case due to dirty village politics and previous dispute. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. It is submitted that injury sustained by the injured is not on vital part of the body. It is further submitted that the petitioner is languishing in judicial custody since 19.08.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mohania P.S. Case No. 579 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Mohania, Kaimur at Bhabhua.

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