Sanjay Kumar Chaubey @ Sanjay Chaubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80680 of 2024 Arising Out of PS. Case No.-242 Year-2024 Thana- RIVILGANJ District- Saran ====================================================== Sanjay Kumar Chaubey @ Sanjay Chaubey Son of Late Gopal Chaubey @ Gopal Jee Chaturvedi Resident of Godana Brahm Toli, P.O. and P.S.- Revelganj, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Koshalendra Rai, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Revelganj P.S. Case No. 242 of 2024 instituted for the offences under Sections 126(2), 115(2), 118(2), 117(2), 109(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Accusation against the accused persons including the petitioner of assaulting the informant's brother by means of knife with intention to kill him.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No
Patna High Court CR. MISC. No.80680 of 2024(3) dt.18-02-2025 2/2 specific overt act is alleged against the petitioner. The specific allegation of stabbing the informant's brother is against the coaccused Pawan Upadhyay. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.09.2024 and has no criminal antecedent.
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, there being no specific allegation against the petitioner as also 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 Revelganj P.S. Case No. 242 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T