Mahendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8978 of 2024 Arising Out of PS. Case No.-1053 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Mahendra Ram, S/o Doman Ram, R/o Vill - Kukurad, P.S. - Bhabhua (Sonhan), Dist. - Kaimur at Bhabhua.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Bhabua P.S. Case No.1053 of 2023 registered under Sections 341, 323, 307, 379, 504 and 506 read with 34 of the Indian Penal Code.

3. Allegation against the petitioner is to assault the informant and others by using lathi causing head and bodily injuries out of neighbourhood dispute being agnate.

4. It is submitted by learned counsel appearing on behalf of the petitioner that occurrence took place out of trivial issue being neighbour, where during the course of occurrence, injury as alleged to be caused by petitioner is simple in nature. It is further pointed out that 3rd injury regarding which opinion was kept reserved is on non-vital part of the body and, as such,

Patna High Court CR. MISC. No.8978 of 2024(2) dt.22-02-2024 2/2 from the injuries as alleged to be caused by petitioner, it cannot be said that petitioner was under intention to cause death of informant/injured. It is further submitted that the petitioner is a man of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. In view of the above-mentioned facts and circumstances and by taking note of fact that injury as caused by petitioner during occurrence is simple in nature, accordingly, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Kaimur at Bhabua in connection with Bhabua P.S. Case No.1053 of 2023, subject to the conditions as laid down under Section 438(2) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T