Ram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40719 of 2024 Arising Out of PS. Case No.-692 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Ram Kumar, S/o Shivjee Yadav, R/o vill - Pahari Gachhi, P.S. - Muffasil, Distt. - Begusarai ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Kumar, Advocate For the Opposite Party/s :
Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-06-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with Muffasil P.S. Case No.692 of 2023 registered for the offences punishable under Sections 341, 323, 307, 506 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The accused/petitioner named in the FIR and is in custody since 07.03.2024.
4. Allegation against the petitioner is to assault the informant along with other co-accused persons after house trespass causing head and bodily injuries, having intention to
Patna High Court CR. MISC. No.40719 of 2024(2) dt.10-06-2024 2/3 cause his death.
5. It is submitted by learned counsel for the petitioner that just one day before lodging the present case, an occurrence of physical assault took place between the parties for which a case and counter case, being Muffasil P.S. Case No. 688 of 2023 and 689 of 2023 were lodged by the parties. Subsequent to these two cases, on next very day, the present case was lodged by the informant on vague ground, having very much general and omnibus allegation regarding physical assault. It is pointed out that the case, which was registered just before present occurrence, the parties were released after giving benefit of Section 41 of the Code of Criminal Procedure. Learned counsel further pointed out that the nature of injuries are yet to be ascertained and merely on the basis of the fact as injury was caused upon the vital part of the body i.e., head, the present case was lodged u/s 307 of Indian Penal Code. It is submitted that the petitioner was found involved in two more criminal cases where he is on bail and moreover investigation of this case is completed, charge-sheet has already
Patna High Court CR. MISC. No.40719 of 2024(2) dt.10-06-2024 3/3 submitted and, as such, there is no chance of tampering with the evidence.
6. Learned APP opposed the prayer of bail.
7. In view of above-mentioned facts and circumstances and by taking note of fact that allegation qua physical assault is very much general and omnibus against this petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 07.03.2024, accordingly, the petitioner, above-named, is directed to be released on bail 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, Begusarai in connection with Muffasil P.S. Case No.692/2023 subject to the conditions as laid down under Section 437(3) of the CrPC.
(Chandra Shekhar Jha, J.) Sanjeet/- U T