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Patna High CourtCR. MISC./26532/2023bail granted

Ratnesh Kumar Ram @ Ratnesh Kumar v. The State Of Bihar

2023-08-23Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26532 of 2023 Arising Out of PS. Case No.-401 Year-2022 Thana- BHORE District- Gopalganj ====================================================== 1.

Ratnesh Kumar Ram @ Ratnesh Kumar, Son Of Mohan Ram Resident Of Village - Baniyachhapar, P.S. - Bhore, Distt. - Gopalganj 2.

Bablu Kumar, Son Of Dasrath Ram Resident Of Village - Baniyachhapar, P.S. - Bhore, Distt. - Gopalganj ... ... Petitioner/S

Versus

The State Of Biha ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikash Kumar Shukla- Advocate For the State :

Mr.Rabindra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504/ 34 of the Indian Penal Code.

3. The learned counsel for the petitioners submits that the petitioner no.1 has antecedent of two cases and petitioner no.2 is a person with clean antecedent. It is next submitted that even the cases against petitioner no.1 is of trivial nature and the informant alleges that while he was at his chicken shop, when accused persons came and started abusing him and throwing the

Patna High Court CR. MISC. No.26532 of 2023(3) dt.23-08-2023 2/3 chicken. On protest, accused persons assaulted him and Sujit Kumar inflicted knife blow on the head of the informant. Further, accused persons assaulted his father by fists and knife causing injury on his right palm and petitioner no.2 snatched Rs.3500/- from cash counter.

4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is next submitted that the allegation of inflicting knife blow is on Sujit Kumar and the allegation of assaulting the father of the informant is general and omnibus in nature and as far as snatching of Rs.3500/- from cash counter, it is alleged that the same is ornamental in nature. It is also submitted that even the injury suffered by the injured is simple in nature. The learned counsel further submits that petitioners had also gone to buy chicken, when an altercation took place in between Sujit Kumar and the informant, when Sujit Kumar inflicted knife blow on the informant and the petitioners were trying to settle the issue, but they came to be implicated.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.26532 of 2023(3) dt.23-08-2023 3/3 within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Bhore P. S. Case No.401 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C. with a further condition that one of the bailors of the petitioners shall be their father namely, Mohan Ram and Dasrath Ram respectively.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T