Patna High CourtCR. MISC./36398/2019dismissed

Baliram Prasad v. The State Of Bihar

2019-07-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36398 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- MADHUBAN District- East Champaran ====================================================== BALIRAM PRASAD Son of Late Ram Prit Bhagat Resident of Village - Gheghwa, P.S.- Madhuban, Distt - East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Gautam For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 324, 325, 307, 154(B), 379, 504 and 506/34 of the Indian Penal Code..

The prosecution case in short is that the accused persons, variously armed, came to the house of the informant and assaulted his son due to which he sustained injury. The family members came in rescue were also assaulted. It has been submitted on behalf of the petitioner that the petitioner is in custody since 5.4.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been

Patna High Court CR. MISC. No.36398 of 2019(3) dt.08-07-2019 2/2 implicated in the present case. Single farsa blow is alleged to have been given by the petitioner. There is a case and counter case between the parties.

On behalf of the State and informant, it is submitted that the petitioner is named in the F.I.R. The injury caused by the petitioner is on the vital part of the body i.e. head. From the injury report, the said injury has not been indicated to be simple. Considering the nature of allegation, I am not inclined to grant bail to the petitioner. Prayer is rejected at this stage.

(Sudhir Singh, J) Pankaj/- U T