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Patna High CourtCR. MISC./75434/2019bail granted

Raka Choupal v. The State Of Bihar

2020-01-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75434 of 2019 Arising Out of PS. Case No.-196 Year-2019 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

RAKA CHOUPAL 2.

Pradeshi Choupal Both sons of Ram Prakash Choupal Resident of Village - Rauta Navtoleya, P.S. - Kusheshwar Asthan, Dist. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-01-2020 Heard both sides.

The petitioners seek bail in K. Asthan P.S. Case No.196 of 2019 registered under Sections 323, 341, 307, 354, 379, 504, 506 and 34 of the Indian Penal Code. The informant alleged that while he and his son were returning and reached in village Rauta Navtoleya near the house of Ram Lagan Choupal, the petitioners and other accused persons are alleged to have assaulted the informant, his son(Surendra Choupal) and his sister(Sumitra Devi). The learned counsel for the petitioners submits that there is no specific allegation of assault against petitioner No.2(Pradeshi Choupal). Petitioner No.1(Raka Choupal) is

Patna High Court CR. MISC. No.75434 of 2019(2) dt.10-01-2020 2/2 alleged to have assaulted Surendra Choupal(son of the informant) with iron rod on his head but from perusal of the injury report of Lalbabu Choupal(the informant) and his son(Surendra Choupal), it would appear that they got simple injuries. Sumitra Devi, the sister of the informant, got grievous injury but petitioners are not the assailants of Sumitra Devi. Petitioners are in jail for more than three months. Considering the aforesaid facts, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Kumar Sudhanshu, J.M. First Class, Biroul, District-Darbhanga in connection with K. Asthan P.S. Case No.196 of 2019, G.R. No.586/2019. (Prabhat Kumar Jha, J) Saurabh/- U T