Mukesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37667 of 2024 Arising Out of PS. Case No.-171 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== Mukesh Ram S/o Nagendra Ram R/o vill - Sangrampur Mathiya, P.S. - Sangrampur, distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 341, 342, 323, 324, 307, 308, 302, 504/34 of the Indian Penal Code.

3. As per allegation in the FIR, while the informant was working in his field, FIR named accused persons surrounded him and committed mar-pit. On his alarm, his father and brothers came there to pacify the matter. It is further alleged that co-accused Dharmendra Ram and Nagendra Ram assaulted by means of iron rod on the head of his father and other accused persons assaulted to his brothers by means of iron rod and spear. With the help of villagers, his brothers and father were brought

Patna High Court CR. MISC. No.37667 of 2024(2) dt.17-05-2024 2/3 to hospital for treatment and during treatment, his father, namely, Bhikhari Ram died.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old land dispute between the parties. There is no specific overt-act of assaulting to the deceased against the petitioner. The specific allegation against co-accused Dharmendra Ram and Nagendra Ram who assaulted to the deceased. The Petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 4.3.2024. Moreover, other co-accused Dharmendra Ram has already been enlarged on bail by this Court vide order dated 31.1.2024 passed in Cr. Misc. No. 61299 of 2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, East Champaran at Motihari in

Patna High Court CR. MISC. No.37667 of 2024(2) dt.17-05-2024 3/3 connection with Sangrampur P.S. Case No. 171 of 2023. (Sunil Kumar Panwar, J) Amandeep/- U T