Chandan Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84477 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== Chandan Giri Son Of Devnaryan Giri R/O Village- And P.O.- Waina, P.S.- Nawanagar, Dist.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr.Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Nawanagar P.S. Case No.33/2023 lodged on 31.01.2023 under Sections 147, 148, 149, 341, 323, 324, 307, 504 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against 12 named and 10 unknown accused persons with an allegation of assaulting the son of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. In fact, the petitioner and the informant both are gotia and belong to the same village. From the content of the FIR, it appears that the dispute took place in the background of money dispute. He further submits that for the same date and place of occurrence,

Patna High Court CR. MISC. No.84477 of 2023(2) dt.10-01-2024 2/2 the petitioner's side has filed Nawanagar P.S. Case No. 30/2023 on 29.10.2023 whereas the present case has been lodged on 31.01.2023. The petitioner is in custody since 31.10.2023 having no criminal antecedent. Moreover, the chargesheet has already been filed in this case. It is further submitted that similarly situated co-accused have been granted bail by a coordinate Bench of this Court vide order dated 07.07.2023, passed in Criminal Miscellaneous No. 25168/2023 and Criminal Miscellaneous No.25024/2023.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Buxar, in connection with Nawanagar P.S. Case No. 33/2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Ashwini/- U T