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Patna High CourtCR. MISC./5409/2025bail granted

Chunmun Kumar Ram v. The State Of Bihar

2025-02-15Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5409 of 2025 Arising Out of PS. Case No.-365 Year-2024 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Chunmun Kumar Ram S/O Gulab Ram Resident of Village- Chhotka Nuaown, P.S.- Buxar Muffasil, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak, Advocate For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Buxar Muffasil P.S. Case No. 365 of 2024, registered for the alleged offences under Sections 126(2), 115, 109, 118(2), 352 of B.N.S., 2023.

3. As per prosecution case, in the background of land dispute, the petitioner assaulted the informant and his wife and stabbed them.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The FIR has been lodged after delay of four days without any satisfactory explanation. The background of land dispute is

Patna High Court CR. MISC. No.5409 of 2025(2) dt.15-02-2025 2/3 admitted and the petitioner and informant are own brothers. The injury reports show the injury of the informant and his wife are simple injury and their dimension show superficial nature of injury. The petitioner is in custody since 01.12.2024 and charge sheet has been submitted. The petitioner is having clean antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the simple and superficial nature of injury, submission of charge sheet and period of custody of the petitioner, the petitioner above named is directed to 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 learned Chief Judicial Magistrate, Buxar/concerned Court in connection with Buxar Muffasil P.S. Case No. 365 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

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

(ii) The petitioner will remain present

Patna High Court CR. MISC. No.5409 of 2025(2) dt.15-02-2025 3/3 on each and every date fixed by the court below.

(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) DKS/- U T