Ramagya Ray @ Ramagya Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7794 of 2023 Arising Out of PS. Case No.-215 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== Ramagya Ray @ Ramagya Prasad Yadav Son Of Late Gopi Ray Resident Of Village - Dharhari, Ward No. 2, P.S.- Chhauradano, District - East 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.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Chhauradano P.S. Case No. 215 of 2022 registered under sections 341, 323, 324, 308, 379, 504, 506 and 34 of the Indian Penal Code. Allegation against the co-accused persons including this petitioner is that when the informant went to take rent of his tent house from the petitioner, then he along with other coaccused persons started assaulting him with leg, fat and danda and also snatched Rs. 10,000/- from him. Thereafter, they tied his hand and committed mar-pit with him and again co-accused persons, namely, Awadhesh and Rakesh assaulted him by means

Patna High Court CR. MISC. No.7794 of 2023(2) dt.13-04-2023 2/3 of sword causing head injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. It is further submitted that the specific allegation of assaulting has been levelled against co-accused persons, namely, Awadhesh and Rakesh that they have assaulted the informant by means of sword causing head injury, but the doctor has opined the injuries simple in nature. Nothing specific or consistent material came against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 20.12.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chhauradano P.S. Case No. 215 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.7794 of 2023(2) dt.13-04-2023 3/3 amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Raxaul, Motihari, East Champaran. (Sunil Kumar Panwar, J) subham/- U T