Ragubir Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86645 of 2023 Arising Out of PS. Case No.-62 Year-2021 Thana- BHEJA District- Madhubani ====================================================== Ragubir Chaupal Son of Late Ram Awater Chaupal R/o vill - Kharik, P.S. - Bheja, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Adv.

For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bheja P.S. Case No. 62 of 2021 instituted for the offences under Sections 341, 323, 324, 325, 326, 307, 354, 379, 504, 506, 34 of the Indian Penal Code.

3. As per prosecution case, the allegation against the petitioner is of assaulting the Informant by means of Farsa upon his head due to which he sustained serious injury. When the wife of the Informant came to save him, the other coaccused/Bacchelal Chaupal assaulted her and tried to outrage her modesty. It is alleged that the accused persons also looted the cash amounting Rs. 5,000/- and other ornaments along with other household articles from the box kept in the house of the Informant.

Patna High Court CR. MISC. No.86645 of 2023(2) dt.19-01-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case merely on suspicion and due to dirty village politics. Learned counsel for the petitioner further submits that the injury caused to the Informant is simple in nature which has been corroborated by the doctor in his injury report. There is a case and counter case from both sides. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 27.10.2023.

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

6. Considering the entire facts and circumstances of the case and the injury being simple in nature as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Bheja P.S. Case No. 62 of 2021. (Rudra Prakash Mishra, J) rishi/- U T