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Patna High CourtCR. MISC./3189/2025bail granted

Raviwesh Lal Dev v. The State Of Bihar

2025-01-28Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3189 of 2025 Arising Out of PS. Case No.-41 Year-2024 Thana- BAHERI District- Darbhanga ====================================================== Raviwesh Lal Dev S/O- Lalit Lal Dev Resident of Village- Turki Police Station- Baheri District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Adv.

For the Opposite Party/s :

Mr. Arvind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Baheri P.S. Case No. 41 of 2024 instituted for the offences under Sections 341, 323, 324, 308, 354, 379, 504, 506, 34 of the Indian Penal Code.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of abusing and assaulting the Informant and his wife with Farsa, Hasua, Pithdain and iron rod. It is alleged that the petitioner has assaulted on the head of the Informant by Farsa.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.3189 of 2025(2) dt.28-01-2025 2/3 against him and has falsely been implicated in the present case. There is a land dispute between the parties and both are next door neighbor. There is a case and counter case between the parties. As a matter of fact, the Informant and others had assaulted the petitioner and her family members and, for that, the father of the petitioner filed a case bearing Baheri P.S. Case No. 38 of 2024 against the Informant and others. There is a free fight between the parties in which both the parties have sustained injuries. Learned counsel for the petitioner submits that from the injury report of the Informant, it appears that the injury is simple in nature caused by hard and blunt substance. The petitioner has no criminal antecedent and is languishing in judicial custody since 21.11.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned

Patna High Court CR. MISC. No.3189 of 2025(2) dt.28-01-2025 3/3 Court in connection with Baheri P.S. Case No. 41 of 2024. (Rudra Prakash Mishra, J) rishi/- U T