Chuman Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9326 of 2025 Arising Out of PS. Case No.-1150 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Chuman Sah Son of Charitar sah Resident of village- Raghunathpur ward no 28, Motihari Nagar Nigam, P.S.- Turkauliya, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Ranjan, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Turkauliya P.S. Case No. 1150 of 2023 instituted for the offence under Sections 341, 323, 324, 354, 307, 379, 504, 385 & 34 of the Indian Penal Code. Earlier vide order dated 20-09-2024, passed in Cr. Misc. No. 27043 of 2024, anticipatory bail of the petitioner was dismissed as withdrawn.

3.

The prosecution case, in short, is that on 08-112024, accused persons, including the petitioner, assaulted the informant with danda, iron rod and knife over non-payment of Rs. 30,000/- extortion demand, causing injuries. The informant's son and wife were also assaulted, and the wife's clothes were

Patna High Court CR. MISC. No.9326 of 2025(3) dt.22-07-2025 2/3 torn. During the incident, a gold chain worth Rs. 55,000/- was snatched from the informant's neck.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23-09-2024. Petitioner bears four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that sister-inlaw of the petitioner lodged the FIR bearing Turkauliya PS Case No. 1151 of 2023 against the informant and his family members. As per allegation levelled in the FIR, petitioner allegedly assaulted the informant by means of knife and doctor has opined one of the injuries being grievous in nature. Police after completion of investigation has submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.9326 of 2025(3) dt.22-07-2025 3/3 8.

Let the petitioner 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 Court below/concerned Court in connection with Turkauliya P.S. Case No. 1150 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T