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Patna High CourtCR. MISC./43375/2021bail granted

Dinesh Ram v. The State Of Bihar

2022-03-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43375 of 2021 Arising Out of PS. Case No.-76 Year-2021 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== DINESH RAM Son of Late Bansropan Ram Resident of Village - Khudra, P.S.- Nuaon (Ramgarh), Distt.- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 341, 323, 504, 506 and 34 of the Indian Penal Code.

As per the prosecution case, the three accused persons including the petitioner herein are stated to have assaulted the husband of the informant with a farsa leading to his death after a few days.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. While the allegations in the FIR are general and omnibus in nature, in his statement under section 161 Cr.P.C. the husband of the informant (since deceased) categorically stated that it was the Vidhyadhar Ram who assaulted him with a farsa. The petitioner

Patna High Court CR. MISC. No.43375 of 2021(3) dt.29-03-2022 2/2 is in custody since 29.3.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the general and omnibus allegations in the FIR, the statement of the injured (since deceased) in paragraph no. 3 of the case diary together with the petitioner having remained in custody for one year, the Court directs the petitioner to be enlarged on bail in connection with Ramgarh (Nuaon) P.S. Case no. 76 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Kaimur at Bhabua. (Partha Sarthy, J) Bibhash U