Chunnu Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1420 of 2025 Arising Out of PS. Case No.-14 Year-2024 Thana- MUFFASIL District- West Champaran ====================================================== 1.
Chunnu Patel S/o Sri Devilal Patel Resident of Village- Belbagh, Banwa Tola, Ward no. 30, P.S- Bettiah Muffasil, District- West Champaran. 2.
Golu Kumar @ Golu Patel S/o Sri Devilal Patel Resident of VillageBelbagh, Banwa Tola, Ward no. 30, P.S- Bettiah Muffasil, District- West Champaran.
... ... petitioners/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the petitioners/s :
Mr. Umesh Chandra Verma, Advocate Mr. Hemant Ray, Advocate For the State :
Mr. Harendra Prasad, APP For the Informant :
Mr. Sarvesh Kashyap, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-01-2025 Heard Mr. Umesh Chandra Verma, learned counsel for the petitioners, Mr. Sarvesh Kashyap, learned counsel appearing on behalf of the informant as well as Mr. Harendra Prasad, learned Additional Public Prosecutor for the State.
2. Petitioners seek bail who are in custody since 03.09.2024 in connection with Bettiah Muffasil P.S. Case No. 14 of 2024, F.I.R. dated 08.01.2024 for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504 and 34 of the Indian Penal Code.
3. According to prosecution case, informant's brother, namely, Dhiran Kumar went along with petitioner no. 1 on
2/4 pretext of some urgent work and thereafter both these petitioners along with other accused persons armed with deadly weapon came at the house of the informant and brutally assaulted him with intentions to kill him. When the informant's uncle came to rescue then all the accused persons assaulted him also.
4. Learned counsel for the petitioners submits that petitioner no. 1 has clean antecedent and petitioner no. 2 carries one criminal antecedent other than the present one and he is on bail in the said pending matter. He further submits that although there is specific allegation against the petitioners that they have assaulted the informant and the informant has received injury but the said injury received by the informant was due to previous dispute and in the present occurrence there is no intention of the petitioners to kill the informant. He further submits that the police after investigation submitted charge sheet against the petitioners. The petitioners are in custody since 03.09.2024.
5. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioners and submits that there is direct and specific allegations against these petitioners that they have assaulted the informant with wrong
3/4 intentions.
6. Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bettiah Muffasil P.S. Case No. 14 of 2024, subject to the following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order
4/4 shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T