Dharmendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27866 of 2023 Arising Out of PS. Case No.-145 Year-2022 Thana- KURTHA District- Jehanabad ====================================================== Dharmendra Ram Son Of Sunil Ram Resident of Village Dharampur Pondil, P.S. Kurtha, District Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y. C. Verma Sr. Adv. With :

Mr. L.K. Sharma, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kurtha P.S. Case No. 145 of 2022 lodged under Sections 147, 148, 149, 452, 324, 354, 379, 504, 506 of the I.P.C. read with Section 27 of the Arms Act.

As per the prosecution case, there were 11 named accused persons and 8-10 unknown accused persons who entered in the house of the informant and assaulted the son and brothers of the informant. The specific allegation against the present petitioner that he has assaulted one Nitish Kumar by

Patna High Court CR. MISC. No.27866 of 2023(2) dt.07-06-2023 2/2 Gadasa.

Learned counsel for the petitioner submits that it is a false case with false allegation due to the reason that the injury report which is Annexure-3, has been annexed in which the injury of victim Nitish Kumar shows that all the injury are lacerated in nature which cannot be caused by the Gadasa. Counsel further submits that petitioner is in custody since 14.03.2023 having clean antecedent.

Learned counsel for the State opposes the prayer for bail and accepts that there is contradiction in the allegation made in the F.I.R. and the injury.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Kurtha P.S. Case No. 145 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T