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Patna High CourtCR. MISC./26748/2025bail granted

Ram Pravesh Ram v. The State Of Bihar

2025-05-16Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26748 of 2025 Arising Out of PS. Case No.-15 Year-2024 Thana- ADAPUR District- East Champaran ====================================================== 1.

Ram Pravesh Ram S/O Bharat Ram R/O Village- Naiyk Tola Harpur, P.SHarpur, Distt.- East Champaran, Motihari. 2.

Nek Alam @ Nek Mohammad S/O Raja Hussain R/O Village- Naiyk Tola Harpur, P.S- Harpur, Distt.- East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 324, 307, 379, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant with an allegation that while he was returning to his village when the accused persons intercepted him and assaulted him and Nek Mohammad assaulted him near his eye and also took Rs. 5,000/- from his pocket.

Patna High Court CR. MISC. No.26748 of 2025(2) dt.16-05-2025 2/3

4. Learned counsel for the petitioners submits that the date of occurrence is 03.01.2024 and the FIR has been instituted on 14.01.2024 i.e. after a delay of 11 days without any plausible explanation. It is next submitted that the informant in the FIR alleges that he was under treatment as such there was delay in instituting the FIR. It is further submitted that had the informant been assaulted in the manner as alleged and would have been admitted in Sadar hospital, Motihari as alleged in the FIR in that event the hospital would have informed the police and the fardbayan would have been recorded at the hospital itself, but since the FIR has been instituted based on a written complaint of the informant after a delay of 11 days casts an aspersion on the case of the prosecution.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where

Patna High Court CR. MISC. No.26748 of 2025(2) dt.16-05-2025 3/3 the case is pending/successor court in connection with Aadapur (Harpur) P.S. Case No. 15 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T