Anshu Ram @ Anshu Ketan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4086 of 2023 Arising Out of PS. Case No.-126 Year-2022 Thana- BABUBARHI District- Madhubani ====================================================== Anshu Ram @ Anshu Ketan Son Of Jitan Ram @ Jeetan Ram R/O VillageTeghra, P.S.- Babubarhi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 24.09.2022 in connection with Babubarhi P.S. Case No. 126 of 2022, F.I.R. dated 17.06.2022 registered for the offence punishable under Sections 341,323,324,307/34 of the IPC. The prosecution case, in brief, is that the informant alleged that the petitioner and other co-accused persons forcefully administered him cough syrup mixed with intoxicated pills. On protest, petitioner stabbed knife on the abdomen of informant and further assaulted him with intention kill him.

Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.4086 of 2023(3) dt.06-07-2023 2/3 submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. Further submits that how can it possible that when the petitioner has assaulted the informant how can he bring in his house and also tried to stop bleeding Further submits that the injury report of the informant suggests that out of four injuries only one injury is grievous in nature and injury Nos. 2,3 and 4 are simple in nature and they were caused by hard and blunt substance which does not support the allegation as alleged in the FIR and the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 24.09.2022.

Learned APP for the State, on the other hand, has opposed the prayer for bail of the petitioner. Considering the aforesaid facts, let the petitioner, above named, 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 Additional Chief Judicial Magistrate-1st, Madhubani in connection with Babubarhi P.S. Case No. 126 of 2022,with the following

Patna High Court CR. MISC. No.4086 of 2023(3) dt.06-07-2023 3/3 conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) 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.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T