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Patna High CourtCR. MISC./4399/2023bail granted

Ramreet Sah v. The State Of Bihar

2023-04-27Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4399 of 2023 Arising Out of PS. Case No.-260 Year-2021 Thana- BAIRIYA District- West Champaran ====================================================== RAMREET SAH S/o Late Chhatar Sah, R/o village- Bairiya, P.S- Bairiya, Distt- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Bairiya P.S. Case No. 260 of 2021, registered for offence punishable under sections 341, 323, 307, 379, 427, 504/34 of the Indian Penal Code.

The specific allegation against the petitioner is that he assaulted the brother-in-law of the informant on his nose. He received injuries on his lips and two teeth were broken. The learned counsel for the petitioners has submitted that there is case and counter case. Both the sides have received injuries and there is admittedly land dispute between the parties and one coaccused has been granted anticipatory bail. He has also submitted that two teeth of the injured were broken, it was the reason that the

Patna High Court CR. MISC. No.4399 of 2023(2) dt.27-04-2023 2/2 doctor opined it as grievous injury. The petitioner is under custody since 15.10.2022.

On the other hand, the learned APP has opposed the prayer for bail and has submitted that injuries suffered by the injured are grievous in nature.

Considering the above-mentioned facts and circumstances as well as period of incarceration, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, West Champaran at Bettiah in connection with Bairiya P.S. Case No. 260 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. (Nawneet Kumar Pandey, J) Mahesh/- U T