Shyam Narayan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25108 of 2019 Arising Out of PS. Case No.-593 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Shyam Narayan Ram Son of Late Doma Ram Resident of Village - Basdila Tola Murgiya, P.S.- Gopalganj Town, Distt - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad, Advocate For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for anticipatory bail apprehending his arrest in connection with Gopalganj Town P.S. Case No. 593 of 2018 registered for the offence punishable under sections 447, 341, 323, 325, 307, 504 and 34 of the Indian Penal Code.

The allegation as per the F.I.R. is that the petitioner with other named family members of his family abused and assaulted the informant and others. It is further stated by the informant that the petitioner assaulted his nephew Mukesh Kumar with an iron rod causing serious injury on his head. It is submitted by learned counsel for the petitioner that there is case and counter case between the parties who are

Patna High Court CR. MISC. No.25108 of 2019(3) dt.10-07-2019 2/3 full brothers. The family members of the petitioner have sustained serious injuries. The allegation as made against the petitioner is falsified from perusal of the injury report of the nephew of informant, namely, Mukesh Kumar. The injury report of Mukesh Kumar shows that he was suffering from pain in his knee joint, left elbow and right shoulder.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstance of the case especially the fact that the allegations levelled against the petitioner with respect to the assault on the nephew of the informant is falsified from the injury report, the court is inclined to enlarge the petitioner on bail. The petitioner above named, in the event of his arrest or surrender in the court below within a period of six weeks from today in connection with Gopalganj Town P.S. Case No. 593 of 2018 is directed to 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 Chief Judicial Magistrate, Gopalganj, subject to the conditions as laid down in Section 438 (2) of Criminal Procedure Code.

Patna High Court CR. MISC. No.25108 of 2019(3) dt.10-07-2019 3/3 It is stated that none of the observations made herein would be used by either of the parties at any subsequent stage of the case/trial.

(Partha Sarthy, J) Prakash/- U