Ram Deyal Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36707 of 2020 Arising Out of PS. Case No.-164 Year-2020 Thana- CHIRAIYA District- East Champaran ====================================================== RAM DEYAL PRASAD SON OF LATE ASHARFI SAH RESIDENT OF VILLAGE MIRPUR, P.S.- CHIRAIYA, DISTRICT- EAST CHAMPARAN. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :
Mr. Manoj Kumar No.1, APP For the Informant Ms. Prerna Rishi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all the defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.
2. The petitioner is in custody since 25.08.2020 in connection with Chiraiya P.S. Case No. 164 of 2020 for the alleged offences under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated in the backdrop of a petty dispute over construction of a house. It is submitted that in any event, the injury resulting from the assault attributed to the petitioner is simple in nature, as noted in the impugned order. The petitioner claims clean antecedents.
4. Learned APP assisted by learned counsel for the informant opposes the petition, submitting that the petitioner is
Patna High Court CR. MISC. No.36707 of 2020(2) dt.01-02-2021 2/2 alleged to have assaulted with farsa on the head of the informant.
5. Be that as it may, considering that the injury sustained by the informant is simple in nature and having regard to the period of custody already suffered since 25.08.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sikrahna at Dhaka, District East Champaran in connection with Chiraiya P.S. Case No. 164 of 2020, if he is not otherwise required in any other case.
6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Vikash Jain, J) HR/- U T