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Patna High CourtCR. MISC./35476/2020bail granted

Mukhdeo Ram v. The State Of Bihar

2020-12-23Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35476 of 2020 Arising Out of PS. Case No.-160 Year-2020 Thana- PATORI District- Samastipur ====================================================== MUKHDEO RAM Son of Late Mahendra Ram Resident of Village- Garhi Mohanpur, P.S.- Shahpur, Patori (Mohanpur O.P.), District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-12-2020 Heard Mr. Dilip Kumar Roy, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Shahpur Patori (Mohanpur O.P.) P.S. Case No.160 of 2020 registered for the offences punishable under Sections 147, 148, 341, 323, 307 and 504 of the Indian Penal Code 1860. The allegation as pr the First Information Report is that the petitioner along with other co-accused persons assaulted the son of the informant by means of Khanti on his head. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and there is no specific allegation of assault against the

Patna High Court CR. MISC. No.35476 of 2020(2) dt.23-12-2020 2/3 petitioner. The allegation against the petitioner and other coaccused persons is general and omnibus in nature. Learned counsel further submits that the dispute between the parties had taken place on the issue of quarrel among children, on account of which, petitioner's side have also received injuries. Learned counsel also submits that both the parties are neigbours and the injury caused to the victim is not grievous in nature as would be evident from Annexure-2 and the opinion of the doctor has been kept reserved. Learned counsel next submits that the petitioner is in custody since 18.05.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record, the fact that both the parties are neighbours and the petitioner is in custody since 18.5.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Samastipur, in connection with Shahpur Patori (Mohanpur O.P.) P.S. Case No.160 of 2020.

It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.35476 of 2020(2) dt.23-12-2020 3/3 bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T