Shri Chandra Chaupal @ Sri Chand Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1644 of 2023 Arising Out of PS. Case No.-27 Year-2022 Thana- PANDAUL District- Madhubani ====================================================== 1.

Shri Chandra Chaupal @ Sri Chand Chaupal S/O Muneshwar Chaupal R/O Village- Bhaur Hanuman Nagar, P.S.- Pandaul, Distt- Madhubani. 2.

Muneshwar Chaupal S/O Soman Chaupal R/O Village- Bhaur Hanuman Nagar, P.S.- Pandaul, Distt- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in connection with Pandaul P.S. Case No. 27 of 2022 registered under sections 341, 323, 325, 308, 379, 504 and 34 of the Indian Penal Code.

As per the prosecution case, when the petitioners along with co-accused persons were catching fish from the pond by setting a net, then informant asked them to stop, on which co-accused persons started abusing and the petitioner No.1 assaulted the informant by means of iron rod due to which he sustained head injury, thereafter all of them assaulted the

Patna High Court CR. MISC. No.1644 of 2023(2) dt.28-03-2023 2/3 informant. It is further alleged that informant was brought in Sadar Hospital Madhubani in injured condition from where he was referred to D.M.C.H. Darbhanga, where his treatment is going on.

Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case due to village politics. There is delay of 2 days in lodging the F.I.R. without giving plausible explanation for the same. From perusal of the injury report, it appears that informant has sustained lacerated wounds. The present case is counter blast version of Complaint Case No. 73 of 2021 lodged by wife of Petitioner No.1 against the informant and his family. It is further submitted that general and omnibus allegation has been levelled against the petitioners. A statement has been made in para-3 of this case that the petitioners have got no criminal antecedent and they are languishing in judicial custody since 16.09.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioners, the Court is inclined to

Patna High Court CR. MISC. No.1644 of 2023(2) dt.28-03-2023 3/3 enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Pandaul P.S. Case No. 27 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of the learned C.J.M., Madhubani.

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