Nageshwar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18285 of 2024 Arising Out of PS. Case No.-43 Year-2023 Thana- BHANGWANPUR HAT District- Siwan ====================================================== NAGESHWAR RAM S/o Vibhun Ram R/o Marachhi, P.S.-Bhagwanpur Hat, Dist.-Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the State :

Mrs. Madhuri Lata, APP For the Informant :

Mr. Sunil Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the Informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 447, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have assaulted one Vishal Kumar by means of sword.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that according to the injury report enclosed in the case diary, it is stated in paragraph 16 that the injury was found simple in

Patna High Court CR. MISC. No.18285 of 2024(6) dt.21-08-2024 2/2 nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned counsel for the informant submits that the petitioner has one criminal antecedent. In that particular instance, learned counsel for the petitioner argues that the petitioner has already been acquitted in Sessions Trial No. 178/2011.

6. Learned APP for the State and learned counsel for the informant opposed prayer for anticipatory bail.

7. Considering the facts and circumstances of the case and the nature of the injury, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Bhagwanpur P.S. Case No. 43 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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