Sanjay Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86203 of 2023 Arising Out of PS. Case No.-90 Year-2023 Thana- ARER District- Madhubani ====================================================== Sanjay Chaupal Son Of Juhi Chaupal Resident Of Village- Dhakjari Nawtoli, Ps- Arer, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Adv.

For the Opposite Party/s :

Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Arer P.S. Case No. 90 of 2023 dated 19.06.2023, instituted for the offence punishable under Sections 341, 323, 325, 379/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on the date of occurrence the informant while coming to Jarail, near Kosi Cannal was attacked by petitioner with dabiya due to which he received injury on his neck. It is further alleged that informant was twice attacked by the petitioner and his golden chain and cash worth Rs. 2000/- was snatched from his pocket by the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.86203 of 2023(2) dt.18-01-2024 2/2 case. It is submitted that petitioner has been made accused due to previous enmity with the informant. It is submitted that on perusal of injury report of the informant, it appears that no injury of any sharp cut weapon has been found on the body of the informant rather the cause of injury mentioned in the injury report is hard and blunt object and nature of injury mentioned is simple in nature. Lastly, it has been submitted that he has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Arer P.S. Case No. 90 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Benipatti, Madhubani, subject to condition as laid down under Section 438(2) of the Cr.P.C..

(Khatim Reza, J) prabhat/- U