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Patna High CourtCR. MISC./18538/2020allowed

Sanjay Ram v. The State Of Bihar

2020-06-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18538 of 2020 Arising Out of PS. Case No.-52 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== SANJAY RAM S/O Vinod Ram Resident of Village - Brindawan Ashram, P.S. - Chanpatiya, District - West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-06-2020 This case has been heard through video- conferencing. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

The prosecution case in short is that the accused persons reached the cattle shed and assaulted his father and others on head due to which he sustained injury. Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in this case due to land dispute. He submits that there is general and omnibus allegation against the petitioner. He submits that charge-sheet has already been submitted and there is no allegation of tampering with the

Patna High Court CR. MISC. No.18538 of 2020(2) dt.04-06-2020 2/2 prosecution witness. He submits that as per allegation, the petitioner is said to have given a single axe blow on the head of Gopi Kumar Ram but there is no injury report on record to suggest that any injury is said to have been sustained by Gopi Kumar Ram. He submits that similarly situated co-accused has been granted the privilege of bail by coordinate Bench of this Court in Cr. Misc. No. 53809 of 2019 on 27.08.2019. He further submits that petitioner has no criminal antecedent and is in custody since 09.01.2020.

Learned counsel for the State vehemently opposes the prayer for bail.

In the facts and circumstances of the case, let the petitioner, above named, be released 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 S.D.J.M., Bettiah, West Champaran in connection with Chanpatia Police Station Case No. 52 of 2019. (Anjani Kumar Sharan, J) devendra/- U T