Lalin Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18353 of 2023 Arising Out of PS. Case No.-358 Year-2020 Thana- HARNAUT District- Nalanda ====================================================== LALIN RAM SON OF CHHOTUKU RAM R/O VILLAGE- LOHARA, P.S.- HARNAUT, DISTRICT- NALANDA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee For the Opposite Party/s :
Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 379, 504 & 506 of the Indian Penal Code. The allegation against the petitioner is that he assaulted the informant by means of iron rod. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to family dispute. As a matter of fact, petitioner and informant are own brother and there is dispute regarding partition. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted partition dispute between
Patna High Court CR. MISC. No.18353 of 2023(3) dt.03-07-2023 2/2 the parties. Both sides have filed cases against each other. The injury sustained by the victim is simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Having regard to the facts and circumstances of the case as well as the fact that the dispute is civil in nature and the injury sustained by the victim is simple in nature, 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 Harnaut P.S. Case No. 358 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T