Umesh Chopal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86210 of 2019 Arising Out of PS. Case No.-245 Year-2019 Thana- BHARGAMA District- Araria ====================================================== UMESH CHOPAL Son of Lakshmi Chopal Resident of Village - Kushmaul, P.S.- Bhargama, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bhargama P.S. Case No. 245 of 2019 for the offence registered under Sections 147, 148, 149, 341, 323, 324, 254(B), 307, 447, 448, 379, 504 and 506 of the Indian Penal Code. The allegation is regarding the accused persons having come at the door of the house of the informant whereafter they had assaulted the informant and his wife. As far as the petitioner is concerned, he is stated to have assaulted the wife of the informant resulting in serious injuries on her person. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is having a clean

Patna High Court CR. MISC. No.86210 of 2019(2) dt.14-01-2020 2/2 antecedent and he is languishing in custody since 16.10.2019. It is also submitted that the incident, if any, had taken place on the spur of the moment and the parties are neighbours. Lastly, it is submitted that the present case arises out of case and counter case.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the fact that the present case arises out of case and counter case and both the parties are neighbours as also the fact that the petitioner is languishing in custody since a considerable time, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to 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 learned Judicial Magistrate-1st Class, Araria in connection with Bhargama P.S. Case No. 245 of 2019. (Mohit Kumar Shah, J) S.Sb/- U T