Patna High CourtCR. MISC./75006/2023bail granted

Sita Ram @ Laksho Chauhan @ Lachhu Chauhan v. The State Of Bihar

2023-12-01Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75006 of 2023 Arising Out of PS. Case No.-259 Year-2023 Thana- PAKARIBARAW District- Nawada ====================================================== Sita Ram @ Laksho Chauhan @ Lachhu Chauhan S/O Ram Briksha Chauhan R/O Village- Budhanbigha, P.S- Pakribarawan, Distt.- Nawada. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Pakribarawan P.S. case No. 259 of 2023 instituted for the offences under Sections 341, 323, 447, 337, 338, 379, 307, 504/34 of the Indian Penal Code.

3. Prosecution allegation, in short, is that owing to disputing regarding bataidari, the accused persons including the petitioner came to the door and started abusing them and thereafter assaulted them and also the other family members.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.09.2023 and has no criminal antecedent. Charge-sheet has been submitted in this case. The petitioner has falsely been implicated in the present case on

Patna High Court CR. MISC. No.75006 of 2023(2) dt.01-12-2023 2/2 account of dispute regarding bataidari. Learned counsel for the petitioner submits that the nature of injury is said to be simple in nature. Hence, no offence under Section 307 I.P.C. is made out against the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the nature of injury and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pakribarawan P.S. case No. 259 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T