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Patna High CourtCR. MISC./9143/2024bail granted

Ram Ji Rai @ Ramjee Ray v. The State Of Bihar

2024-02-20Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 9143 of 2024 Arising Out of PS. Case No.-687 Year-2022 Thana- DARIYAPUR District- Saran ====================================================== Ram Ji Rai @ Ramjee Ray Son of Raghuveer Ray Resident of villageRajapur, PS-Dariyapur, District- Saran Bihar- 841222. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akshay Kumar, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-02-2024 Heard Mr. Akshay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Rajendra Singh, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Dariyapur P.S. Case No.687 of 2022 registered under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioner along with his family members had assaulted the informant and his family members, as a result of which the victim had sustained injury.

4. Learned counsel appearing on behalf of the petitioner submits that both the informant and petitioner sides

Patna High Court CR. MISC. No. 9143 of 2024(2) dt.20-02-2024 2/3 are agnates and neighbours and the altercation took place over cutting of water pipe and on objection both the parties entered into fierce fight and in the same course, the petitioner may have caused injury in his self-defense on the Informant, as well as, the victim, who has sustained injury. The petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submission made on behalf of the parties, as well as, the fact that general and omnibus allegation has been levelled against the petitioner, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. Court below is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Sessions Judge, Saran at Chapra in connection with Dariyapur P.S. Case No.687 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The Court below is directed to verify the criminal

Patna High Court CR. MISC. No. 9143 of 2024(2) dt.20-02-2024 3/3 antecedent of the petitioner as stated in paragraph no.3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no.3, this order will lose its force automatically.

(Purnendu Singh, J.) Ashishsingh/- U T