Ram Chandra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25564 of 2022 Arising Out of PS. Case No.-43 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== Ram Chandra Ram S/o Asharfi Ram R/o village- Bajitpur, P.S.- Paroo, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Advocate :

Mr. Rajeev Ranjan No.II, Advocate For the State :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Paroo P.S. Case No. 43 of 2021 registered for the offence under Sections 341, 323, 324, 354, 379, 504 and 34 of the Indian Penal Code and later on Section 307 of the Indian Penal Code was added subsequently.

The accused/petitioner is named in the F.I.R. and is in custody since 08.09.2021.

The allegation against the petitioner is to assault the husband of the informant with sickle ('Hasuli'), alongwith other co-accused persons, causing injury on hand, neck and chest, due

Patna High Court CR. MISC. No.25564 of 2022(3) dt.12-12-2022 2/3 to land dispute.

Learned counsel appearing on behalf of the petitioner submitted that the version of informant, being an eye witness of the occurrence is appearing contradictory, as no injury was found over the chest, as stated through F.I.R. It is submitted that only one injury was available on the vital part of the body, whereas, second one is on the non-vital part. It is further submitted that the weapon, which is alleged to be used may cause incised wound by all probability, being sharp cut weapon, whereas, the injury available on the hand is appearing lacerated, which is not possible otherwise in the ordinary course. It is also submitted that the occurrence is due to land dispute, where both the parties are agnets. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, and by taking note of the injury/accusation, where petitioner is in custody since 08.09.2021 coupled with the fact

Patna High Court CR. MISC. No.25564 of 2022(3) dt.12-12-2022 3/3 that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Paroo P.S. Case No. 43 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, (West), Muzaffarpur/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T