Patna High CourtCR. MISC./34333/2024bail rejected

Ashok Ram v. The State Of Bihar

2024-07-31Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34333 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- BASANTPUR District- Siwan ====================================================== Ashok Ram Son of Late Sukhal Ram R/O Vill.- Basantpur, P.S.- Basantpur, Dist.-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr.Kumari Anupam, Advocate For the Opposite Party/s :

Mr.Upendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 31-07-2024 Heard Mr. Yogesh Chamdra Verma, learned Sr. Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Basantpur P.S. Case No. 04/2024 registered under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code lodged on 02.01.2024 by the informant, Bhukal Ram.

3. As per the prosecution story, the informant alleged that the petitioner, who is his agnate came to the door and attacked by knife which resulted into injury on his nose and started bleeding. As the son came to his rescue, the petitioner again assaulted causing injury in his palm. Thereafter, he entered the house of the petitioner and destroyed the goods. The informant took the son to the hospital from where he was

Patna High Court CR. MISC. No.34333 of 2024(3) dt.31-07-2024 2/2 referred to Sadar Hospital, Siwan.

4. Learned Sr. Counsel for the petitioner submits that though single blow has been given to the informant, Mr. Jitendra Kumar Singh, learned APP for the State submits that twice single blow has been given firstly; to the informant and then to his son.

5. Learned Senior Counsel for the petitioner submits that probably he is mentally ill as has come in the case diary that he was roaming naked and upon protest, the assault took place, the contention of the learned APP for the State is that the injury has been found to be grievous in nature.

6. In that background, when the injury has been found to be grievous in nature, it would be appropriate that the petitioner seek bail.

7. The anticipatory bail application stands rejected.

8. If the petitioner surrenders within a period of four weeks and prays for bail, the same shall be taken up and disposed it of on the same day.

(Rajiv Roy, J) Jagdish/- U