Allowed

Shibu Chaupal v. the State of Bihar

Patna HC18 Feb 2022CR. MISC./32654/2021

Case brief

AI extract

What is this about?

The High Court at Patna granted regular bail to the petitioner in a bail application filed in connection with Section 302/307 IPC offences. The order relied on the petitioner's clean antecedents and the fact that similarly situated co-accused had already been granted bail.

What did the court decide?

Regulatory bail granted to the petitioner on a bond of Rs. 10,000/- with two sureties of similar amount.

Shibu Chaupal Vs the State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32654 of 2021

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Arising Out of PS. Case No.-382 Year-2020 Thana- DARBHANGA SADAR DistrictDarbhanga

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====================================================== SHIBU CHAUPAL S/O LATE MAUJE CHAUPAL RESIDENT OF VILLAGE-CHIKNI, PS-SADAR (SONKI O.P), DISTRICT- DARBHANGA

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Subhash Kumar Mishra, Adv. For the Opposite Party/s : Mr. Lalan Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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3 18-02-2022

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Heard Mr. Subhash Kumar Mishra learned Counsel

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for the petitioner and Mr. Lalan Kumar, learned Additional Public Prosecutor for the State via virtual mode.

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The petitioner seeks regular bail in connection with Sadar (Sonki O.P.) Police Station Case No. 382 of 2020, registered for the offences punishable under Sections 147/148//149//341/342/307/302 of the Indian Penal Code.

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The prosecution case, as per the First Information Report, is that on the date of occurrence, the brother of the informant, namely, Vimal Kumar, and his friend, Nikesh Kumar were coming from Darbhanga on a motorcycle and on the way, the FIR named accused persons, six in numbers, along with 2530 other unknown persons, pelted stone upon them alleging that they are thieves and also assaulted them with bricks and lathi, as a result of which they received grievous injuries and the brother of the informant succumbed to the injuries on the way to the

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Patna High Court CR. MISC. No.32654 of 2021(3) dt.18-02-2022 2/3

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hospital.

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Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has been implicated in this case due to the fact that he is a resident of the village, where the alleged occurrence has taken place. He further submits that the fact of the matter is that the motorcycle and mobile phone of the co-accused Shivlal Chaupal was snatched by two miscreants on a motorcycle and they were surrounded by the villagers and others who assaulted them and while fleeing away, the miscreants met with an accident and coaccused Shivpal Chaupal has lodged Sadar (Sonki O.P.) Police Station Case No. 381 of 2020 in this regard. He next submits that similarly situated co-accused persons, namely, Kusheshwar Chaupal and Kappal Chaupal, have been granted bail by Coordinate Benches of this Court, vide order dated 31.08.2021, passed in Criminal Misc. No. 6489 of 2021, Visho Mandal @ Visho Kumar Mandal vide order dated 03.01.2022 passed in Cr. Misc. No. 29102/2021. One another similarly situated coaccused, namely, Ram Babu Mandal has been granted bail by this Court vide Cr. Misc. No. 1570 of 2022.

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It is further submitted that petitioner having clean antecedent is in custody since 27.01.2021.

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Patna High Court CR. MISC. No.32654 of 2021(3) dt.18-02-2022 3/3

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Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused persons have been granted bail by this Court and the petitioner is in custody since 27.01.2021 having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

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Let the petitioner, SHIBU CHAUPAL, 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 Chief Judicial Magistrate, Darbhanga, in connection with Sadar (Sonki O.P.) Police Station Case No. 382 of 2020, subject to the conditions that (i) the petitioner 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 his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the court below, and (ii) If the petitioner tampers with the evidence or the witnesses, the prosecution will be at liberty to move for cancellation of bail.

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(Anil Kumar Sinha, J)

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perwez

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U T

Shibu Chaupal v. the State of Bihar

Case brief

What is this about?

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Shibu Chaupal v. the State of Bihar

Case brief

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