Kishan Chauhan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Kishan Chauhan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Ist, Sheikhpura in connection with Ariyari P.S. Case No. 383 of 2023, subject to four stated conditions (trial attendance/co-operation, blood-relation bailor, bailor's affidavit regarding future similar accusations, non-tampering with evidence or witnesses).

Issue for consideration

Whether the petitioner, accused in Ariyari P.S. Case No. 383 of 2023 (IPC Ss. 147, 148, 149, 341, 323, 307, 327, 386, 387, 325, 354(B), 447, 504, 506), should be admitted to bail.

Court's answer

After considering the facts and circumstances and submissions of both sides, the court directed release of the petitioner on bail, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M.-Ist, Sheikhpura, in connection with Ariyari P.S. Case No. 383 of 2023.

Ratio / Principle

Bail granted subject to four conditions: (i) co-operation in trial and proper representation on every fixed date, with cancellation of the bail bond on absence on two consecutive dates without sufficient reason; (ii) one bailor to be the petitioner's own blood relation, preferably father, mother, brother, sister or wife; (iii) the bailor to state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature, failing which the court below may initiate cancellation for misuse; and (iv) if the petitioner tampers with evidence or witnesses, the prosecution may move for cancellation of bail.

Detailed headnote1 paragraphs

Patna High Court (Khatim Reza, J.), Criminal Miscellaneous No. 15030 of 2024, order dated 13-03-2024: bail allowed to Kishan Chauhan in Ariyari P.S. Case No. 383 of 2023 (dated 21.12.2023), registered under Sections 147, 148, 149, 341, 323, 307, 327, 386, 387, 325, 354(B), 447, 504 and 506 IPC. Prosecution case: armed attack on the informant while ploughing his field, assault and misbehaviour with the informant's daughter-in-law including attack with a sharp weapon, pressing of the informant husband's neck, and demand by all accused of half portion of the land as extortion with threats to kill. Defence: petitioner innocent and falsely implicated; informant and petitioner are agnates with a land dispute; six acres allotted to petitioner at partition were sold by informant's husband; no injury report or ligature mark on the husband's neck; allegations general and omnibus; custody since 21.01.2024, no criminal antecedent, chargesheet submitted. State opposed. Bail granted on bonds of Rs. 10,000/- with two like sureties before A.C.J.M.-Ist, Sheikhpura, conditioned on trial co-operation (cancellation on two consecutive unjustified absences), a blood-relation bailor, bailor's affidavit disclosing any future similar accusation, and no tampering with evidence or witnesses.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15030 of 2024

Arising Out of PS. Case No.-383 Year-2023 Thana- ARIYARI District- Sheikhpura

======================================================

Kishan Chauhan son of Tola Chauhan Village Teja Bigha, Ps- Ariyari DistSheikhpura

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Mr. Nirmala Kumari, APP ======================================================

... ... Opposite Party/s

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA

ORAL ORDER

2 13-03-2024

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in connection with Ariyari P.S. Case No. 383 of 2023 dated 21.12.2023 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 327, 386, 387, 325, 354(B), 447, 504 and 506 of the Indian Penal Code.

The prosecution case, in short, is that when the informant went to plough his field, the accused persons came variously armed with and attacked the informant on her waist and body parts of the body due to which she sustained injuries. Petitioner along with other accused persons is alleged to have assaulted and misbehaved with informant's daughter-in-law and also attacked her with a sharp weapon and pressed neck of the informant's husband. The informant has also alleged that all the accused persons were demanding half portion of the said land in

Patna High Court CR. MISC. No.15030 of 2024(2) dt.13-03-2024 2/3

extortion and threatened to kill.

Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that informant and petitioner are agnates and there is land dispute between the parties. It is submitted that during partition six acres land were allotted to the petitioner but the husband of the informant sold all the allotted share to others and on protest the said case has been lodged. The allegation against the petitioner is that he tried to strangulate the husband of the informant. It is submitted that there is no injury report or ligature mark on the neck of the husband of the informant. There is specific allegation of assault on the body of Ramdhani Chauhan and Nitesh Kumar. There is no specific allegation of assault on the petitioner. The allegation is general and omnibus. Lastly, it has been submitted that the petitioner is in custody since 21.01.2024, having no criminal antecedent and chargesheet has been submitted in the case.

Learned A.P.P for the State opposes the prayer for bail of the petitioner.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.15030 of 2024(2) dt.13-03-2024 3/3

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Ist, Sheikhpura in connection with Ariyari P.S. Case No. 383 of 2023, subject to the following conditions:-

Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

If the petitioner tampers with the

evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J)

prabhat/-

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