Kuldeep Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83816 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- BIND District- Nalanda ====================================================== Kuldeep Chauhan S/O Arun Chauhan R/O Village- Bishnupur, P.S- Bind, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Bind P.S. Case No. 113 of 2024, instituted for the offences punishable under Sections 191(2), 190, 115(2), 126(2), 117(2), 109, 303(2), 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, the petitioner along with other co-accused persons used to drink liquor in front of the courtyard of the informant. On protest, the accused persons assaulted the informant and his family members by means of gandasa, lathi, iron rod, sword, etc. due to which they sustained injuries.
Patna High Court CR. MISC. No.83816 of 2024(2) dt.10-12-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is a co-villager and there is a dispute between both the parties. Neither eye witness nor independent witness have supported the prosecution story. The allegation levelled against the petitioner is general and omnibus in nature. It is further submitted that daughter of the informant has received injuries which is dangerous and caused by hard and blunt substance while the informant and other family members have received injuries which are simple in nature. The petitioner is in custody since 13.09.2024 and has got no criminal antecedent.
5. Learned APP 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 and taking into account 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/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.83816 of 2024(2) dt.10-12-2024 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bind P.S. Case No. 113 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T