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Patna High CourtCR. MISC./11119/2022allowed

Abhay Ram v. The State Of Bihar

2022-08-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11119 of 2022 Arising Out of PS. Case No.-128 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== Abhay Ram Son Of Dinesh Ram R/O - Fatehpur Naykapari, P.S.- Raghopur, District- Vaishali. At Present- Raghuveer Nagar, Taigor Garden, Pashchimi Delhi, Pin Code- 110027 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the Opposite Party/s :

Mr. Jharkhandi Upadhayay ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 325, 448, 504, 506/34 of the Indian Penal Code. Petitioner is said to have assaulted the wife of the informant and daughter-in-law with danda and brick causing injury to them.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter case between the parties and both sides have sustained injury.

Patna High Court CR. MISC. No.11119 of 2022(2) dt.03-08-2022 2/2 He submits that there is specific allegation against co-accused Dinesh Ram who assaulted the informant in which the injury found upon the informant is grievous in nature. He submits that there is general and omnibus allegation levelled against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is general and omnibus allegation levelled against the petitioner, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Raghopur P.S. Case No. 128 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T