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Patna High CourtCR. MISC./31365/2025bail granted

Dilip Ram v. The State Of Bihar

2025-05-19Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31365 of 2025 Arising Out of PS. Case No.-307 Year-2024 Thana- PARSA District- Saran ====================================================== Dilip Ram S/o Bageshwar Ram R/o vill - Bankerwa, P.s.- Parsa, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Advocate For the Informant :

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

Mr. Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 19-05-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection Parsa P.S. Case No. 307 of 2024, registered for the offences punishable under Sections 115, 118(1), 352, 351(2)/3(5) of B.N.S.

3. The prosecution case is to the effect that the informant along with his brother was present at his house and it is alleged that the petitioner along with Rakesh and his wife came there and started abusing the informant and when the informant tried to stop, the co-accused Rakesh assaulted on the instructions of the petitioner by means of spade on the head of the informant causing head injury. Petitioner has clean antecedent.

4. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.31365 of 2025(2) dt.19-05-2025 2/3 the petitioner is innocent and has falsely been implicated in this case and there is no specific allegation of assault against the petitioner. The learned counsel further submits that as far as the petitioner is concerned, it has been alleged that on his direction, the co-accused Rakesh had assaulted the informant on his head causing head injury. The learned counsel further submits that it was on account of some dispute the petitioner has falsely been implicated in this case and he carries no criminal antecedent and he is in custody since 23.01.2025.

5. The learned counsel for the Informant as well as the learned A.P.P. for the State oppose the prayer for bail and has stated that the petitioner along with the co-accused Rakesh were instrumental in causing head injury to the informant.

6. Considering the aforesaid fact and taking into account that there is no specific overt act alleged against the petitioner, I am inclined to grant the petitioner privilege of regular bail.

7. Accordingly, the prayer for bail is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned Additional Session Judge-XVII, Saran, Chapra in

Patna High Court CR. MISC. No.31365 of 2025(2) dt.19-05-2025 3/3 connection with Parsa P.S. Case No. 307 of 2024, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.

(ii) The petitioner shall remain physically present in Court on each date of the trial.

(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioner in similar nature of offence, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(iv) And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) Siwani/- U T