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Patna High CourtCR. MISC./21305/2023allowed

Lorik Ram v. The State Of Bihar

2023-07-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21305 of 2023 Arising Out of PS. Case No.-208 Year-2022 Thana- BHITAHA District- West Champaran ====================================================== 1.

LORIK RAM S/O LATE MAHADEV RAM Resident of Village- Purvi Machchhaha, P.S.- Bhitaha, District- West Champaran. 2.

SABRU RAM S/O LATE MAHADEV RAM Resident of Village- Purvi Machchhaha, P.S.- Bhitaha, District- West Champaran. ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Pandey :

Mr. Randhir Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2023 Heard learned counsel for the petitioners and learned APP for the State assisted by learned counsel for the informant.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325 and 307 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioner no.1 hit on the head of the informant by means of Farsa due to which, informant sustained head injury and petitioner no.2 hit by Axe, due to which, the informant sustained second head injury. When the informant sit on the ground, in the meantime, Sidhi Kumari Ram hit him by Garasi which resulted in injury on his right hand.

Patna High Court CR. MISC. No.21305 of 2023(3) dt.26-07-2023 2/2

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that both the parties are agnates. He submits that there is case and counter case between the parties. He further submits that the injury report does not support the prosecution case. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State along with learned counsel for the informant opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that the injury report does not support the prosecution case, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Bhitaha P.S. Case No.208/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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