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Patna High Court/37259/2021bail granted

Laxman Verma v. The State Of Bihar

2021-12-08Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37259 of 2021 Arising Out of PS. Case No.-114 Year-2020 Thana- CHAKAI District- Jamui ====================================================== Laxman Verma S/O Late Horil Verma R/O Nagari, P.S-Chakai, DistrictJamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chakai P.S. Case No. 114 of 2020 instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 302, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 05.01.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that informant in the F.I.R. alleges that on account of land dispute relating to installing of hand pump, the occurrence took place and it is alleged that Kamdeb Verma assaulted the son of the informant by iron rod on head and thereafter Santosh Verma and

Patna High Court CR. MISC. No.37259 of 2021(2) dt.08-12-2021 2/3 Pappu Verma assaulted the son of the informant with lathi. It is further alleged that this petitioner along with Dharma Verma and Bhikhari Verma also assaulted the son of the informant and when informed tried to save his son then it is alleged that other co-accused assaulted the informant and his family members. Further, it is alleged that Ranjeet, Bramhdeb and Kishun Verma assaulted the brother of the informant who came to save them. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that it was Kamdeb Verma who assaulted the son of the informant by iron rod on head leading to injury as a result of which he died and it also gets corroborated from the postmortem report and as far as allegation against this petitioner is concerned, the same is general and omnibus in nature and entire family member has been roped in the present case with false allegation.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is not the main assailant as it has been specifically alleged that it was Kamdeb Verma who had assaulted the son of the informant on head by iron rod and as far as allegation against this petitioner is

Patna High Court CR. MISC. No.37259 of 2021(2) dt.08-12-2021 3/3 concerned, the same is general and omnibus in nature, he is in custody since 05.01.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.JM.-III, Jamui in connection with Chakai P.S. Case No. 114 of 2020 subject to the condition as laid down under Section 437

(3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T