Naga Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27350 of 2020 Arising Out of PS. Case No.-43 Year-2020 Thana- PUNPUN District- Patna ====================================================== 1.
Naga Ram Son of Jagat Ram (Mukhiya of Lakhanpar Panchayat) Resident of Village- Samkurah, Police Station- Punpun, District- Patna. 2.
Rajiv Ranjan @ Ranjan Kumar Son of Ashok Das Resident of VillageSamkurah, Police Station- Punpun, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Naresh Ray, Adv.
For the Opposite Party/s :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-02-2021 Heard learned counsel for the petitioners and learned A.P.P for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Punpun P.S. Case No.43 of 2020, registered under sections 307, 447, 341, 323, 324, 325, 504, 506 and 34 of the of Indian Penal Code.
As per allegation in the F.I.R, five named accused persons including the two petitioners herein are stated to have come variously armed, to have abused thereafter indiscriminately assaulted the informant with iron rod etc. It is submitted by learned counsel for the
Patna High Court CR. MISC. No.27350 of 2020(3) dt.10-02-2021 2/3 petitioners that the allegation as levelled in the F.I.R. are false and concocted. The correct version has been given in the F.I.R which has been brought on record at Annexure-2 to the petition and which has been lodged by the brother of the co-accused in the F.I.R. at Annexure-1. It is further submitted that injury report does not support the allegations levelled in the F.I.R. for the reasons that while in the F.I.R. it is stated that five named accused persons armed with iron rod brutally assaulted the informant, the injury report shows that only one skin deep injury was found on the informant which was opined to be simple in nature. The petitioners have no criminal antecedent. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and in the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of six weeks from today and in the event of their arrest or surrender in connection with Punpun P.S. Case No.43 of 2020, they will be enlarged on bail on furnishing bail bond of Rs 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class,
Patna High Court CR. MISC. No.27350 of 2020(3) dt.10-02-2021 3/3 Masaurhi, District-Patna, subject to the conditions as laid down in section 438(2) of the Code of Criminal Procedure. (Partha Sarthy, J) Bibhash/- U T