Sanjay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37142 of 2021 Arising Out of PS. Case No.-19 Year-2021 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Sanjay Ram, S/O Sagar Ram R/O Village- Dadhaniya, P.S.- Bhabhua, District- Kaimur At Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Kumar Deo For the Opposite Party/s :

Mr. A.P.P.

Mr. Rajani Kant Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2021 Heard the learned Advocate for the petitioner, learned counsel for the informant and the learned APP for the State. The petitioner seeks bail in connection with Bhabhua P. S. Case No.19 of 2021, instituted for the offences under Sections 341, 324, 307, 385 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 05.02.2021 and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that this petitioner gave knife blow to him leading to injury in his abdomen and this petitioner was intercepted while he was trying to give a second

Patna High Court CR. MISC. No.37142 of 2021(2) dt.08-12-2021 2/3 blow as a consequence thereof, the informant had to remain in hospital for some day.

The learned counsel for the petitioner submits that from perusal of the order impugned, it would manifest that the independent witnesses during the course of investigation have stated that it was a sharp wood which caused the cut injury on the informant and then the learned counsel for the petitioner contends that injury was not caused by knife, but was an injury caused by sharp wood.

Learned counsel for the informant as well as learned A.P.P. vehemently opposed the bail application and submitted that there is specific allegation against this petitioner of assaulting the informant with knife. On this, the learned counsel for the petitioner submits that from perusal of the Annexure-2, it would manifest that nature of injury is simple. The learned counsel for the informant is not able to meet this submission of the learned counsel for the petitioner.

Considering the fact that the petitioner is in custody since 05.02.2021 and charge-sheet has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.37142 of 2021(2) dt.08-12-2021 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Bhabhua in connection with Bhabhua P. S. Case No.19 of 2021, with a condition that one of the bailors shall be the father of the petitioner and when trial commences and the petitioner on two consecutive dates does not appear before the Court below, the learned Court below shall be at liberty to cancel his bail bonds. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T