Dasrath Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5478 of 2025 Arising Out of PS. Case No.-88 Year-2024 Thana- SIKTA District- West Champaran ====================================================== Dasrath Ram S/O Gajadhar Ram R/O Vill - Kathaiya Mathiya, P.S - Kangli, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rishabh Mishra, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Sikta P.S. Case No. 88 of 2024, registered for the offences under Sections 191(2), 191(3), 190, 103, 126(2), 115(2), 109, 352 of the B.N.S.

3. As per the prosecution case, petitioner and other coaccused persons who were traveling on tractor trolley entered into the land of the informant damaging the paddy crop. When the informant asked them not to take tractor by that way, they assaulted the informant and his family members and in this assault, the sister-in-law of the informant received injuries and when she was taken to the hospital she was declared brought dead.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has been

Patna High Court CR. MISC. No.5478 of 2025(3) dt.12-05-2025 2/3 falsely implicated in this case. From the FIR it is clear that the petitioner was one of the travellors on the tractor trolley and specific allegation of hitting the sister-in-law of the informant is against co-accused Balal Mian. There is no specific allegation against this petitioner or other co-accused persons. Learned counsel further submits that moreover true fact of the case is that some scuffle took place between the petitioner side and the informant side and the sister-in-law of the informant was pushed and she fell down and got injured and subsequently died. The petitioner has no role in the death of the sister in law of the informant and the petitioner is having clean antecedent and he is in custody since 20.07.2024 and charge sheet has been submitted against the petitioner.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned A.P.P. submits that there is specific allegation against the co-accused that he assaulted the sister-in-law of the informant with lathi on her head and other accused persons also assaulted.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that there is no specific allegation against the petitioner for assaulting the deceased and also considering his clean

Patna High Court CR. MISC. No.5478 of 2025(3) dt.12-05-2025 3/3 antecedent, period of custody and submission of charge sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Sessions Court, Bettiah, West Champaran/concerned court, in connection with Sikta P.S. Case No. 88 of 2024, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T