Ramji Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30195 of 2023 Arising Out of PS. Case No.-275 Year-2022 Thana- DHANAHA District- West Champaran ====================================================== 1.

Ramji Patel S/O Late Virjhan Patel Resident of Village- Vanvariya, P.S.- Dhanaha, District- West Champaran.

2.

Kishan Patel S/O Late Virjhan Patel Resident of Village- Vanvariya, P.S.- Dhanaha, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-07-2023 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 427, 379 and 506 of the Indian Penal Code.

3. As per the prosecution case, petitioner no. 1 assaulted the informant on his head causing head injury and petitioner no. 2 snatched cash of Rs. 10,000/- and gold chain from the neck of informant.

4. It is submitted that petitioners have been falsely implicated in this case. There is general and omnibus allegation against the petitioners. Petitioners claim clean antecedents.

Patna High Court CR. MISC. No.30195 of 2023(3) dt.17-07-2023 2/2

5. Counsel for State however vehemently opposed the prayer for bail and submitted that injuries sustained by the informant is grievous in nature.

6. Considering the fact that there is no allegation of assault against Kishan Patel petitioner no. 2 and claims clean antecedent, petitioner no. 2 in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Bagaha, West Champaran in connection with Dhanaha P.S. Case No. 275 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. So far as the case of Ramji Patel petitioner no. 1 is concerned, there is specific allegation of commission of assault due to which informant sustained grievous injury, I am not inclined to enlarge the Ramji Patel petitioner no. 1 on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T