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Patna High CourtCR. MISC./36356/2023bail granted

Birendra Ram v. The State Of Bihar

2023-06-28Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36356 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Birendra Ram, Son of Late Haridwar Ram, Resident of Village- Dharmpur, PS- Noorsarai, District- Nalanda 2.

Pankaj Kumar, Son of Birendra Ram, Resident of Village- Dharmpur, PSNoorsarai, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-06-2023

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of regular bail in connection with Noorsarai P.S. Case no. 143 of 2023 registered under sections 307, 341, 323, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, it is stated by the informant that over an dispute between his father and his uncle, the five named accused persons including the two petitioners herein started to abuse and assault them. On the informant's mother intervening in the matter, she was also assaulted.

4. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case over trivial dispute between the family members, which would be

Patna High Court CR. MISC. No.36356 of 2023(2) dt.28-06-2023 2/2 evident from the contents of the F.I.R itself. No offence under section 307 of the Indian Penal Code is made out. The petitioners are in custody since 27.03.2023 and have no criminal antecedent.

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

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the two petitioners, the petitioners being in custody since 27.03.2023, charge-sheet having been submitted in the case and petitioners having no criminal antecedent, both the petitioners are directed to be enlarged on bail in connection with Noorsarai P.S. Case no. 143 of 2023, on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif.

(Partha Sarthy, J) avinash/- U T