Sukhraj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8628 of 2022 Arising Out of PS. Case No.-311 Year-2021 Thana- CHOUTARWA District- West Champaran ====================================================== 1.

Sukhraj Ram Son of Nagina Ram Resident of Village- Mehadi, Police Station- Chautarwa, District- West Champaran 2.

Madhuban Ram Son of Sukhraj Ram Resident of Village- Mehadi, Police Station- Chautarwa, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kishore Choudhary For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-06-2022 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course. The petitioners seek bail in connection with Chautarwa P.S. Case No. 311 of 2021 registered for the offence under Sections 341, 323, 325, 307, 354(B), 379, 504, 384, 385 and 34 of the Indian Penal Code and Section 8 of the POCSO Act.

The accused/petitioners are named in the F.I.R. and are in custody since 30.12.2021.

The allegation against the accused/petitioners is to

Patna High Court CR. MISC. No.8628 of 2022(2) dt.07-06-2022 2/3 assault the informant and his family members alongwith other co-accused in which the informant received injury. Learned counsel appearing on behalf of the petitioners submitted that the nature of allegation is very much omnibus, as regard to assault, against the petitioners. It is further submitted that the present occurrence is due to land dispute having case and counter case. While arguing over the matter, it is further submitted that the nature of injury is simple which has been alleged to be received in the present occurrence. It is further submitted that petitioners are persons with clean antecedent. Learned APP appearing on behalf of the State while opposing the prayer for bail fairly conceded that the nature of allegation, as regard to assault, is very much omnibus against the accused/petitioners.

Considering the facts and circumstances as mentioned above and as the nature of allegation, as regard to assault, is very much omnibus coupled with the facts that injury received is simple in nature, let the petitioners, above named, are directed to be released on bail in connection with Chautarwa P.S. Case No. 311 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial

Patna High Court CR. MISC. No.8628 of 2022(2) dt.07-06-2022 3/3 Magistrate, Bagaha, West Champaran, subject to the following condition:

"That one of the bailors shall be the close relative of the accused/ petitioners like mother/father/sister/brother."

(Chandra Shekhar Jha, J) Ankit/- U T