Patna High CourtCR. MISC./68962/2019bail granted

Mahendra Choubey v. The State Of Bihar

2019-11-04Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68962 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- DHANSOI District- Buxar ====================================================== MAHENDRA CHOUBEY Son of Late Nagina Chaubey Resident of VillageChoubey Ka Prasiya, P.S.- Dhansoi, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitya Nand Tiwary, Mr. Mukesh Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 504, 506, 307, 379, 354A/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case in short is that the accused persons came to the house of the informant and assaulted him due to which he sustained injury.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 3.9.2019. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has

Patna High Court CR. MISC. No.68962 of 2019(2) dt.04-11-2019 2/2 not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned A.C.J.M. -3rd Buxar in connection with Dhansoi P.S. Case No. 5 of 2019.

(Sudhir Singh, J) Pankaj/- U T