Dudhnath Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 39260 of 2020 Arising Out of PS. Case No.-213 Year-2020 Thana- BIKRAMGANJ District- Rohtas ====================================================== DUDHNATH RAM Son of Dhanjee Ram Resident of Village- Semara, P.S.- Bikramganj, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Ramchandra Singh, Advocate For the Opposite Party/s :

Ms Meena Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 09-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Bikramganj Police Station (for brevity, PS) Case No 213 of 2020 instituted for the offence punishable under Sections 341, 323, 504, 307/34 of Indian Penal Code.

While the informant was correcting his electrical wiring, the petitioner and other neighbours have disconnected his electricity and it is alleged that they have assaulted him by various means. Specific assault, attributed to the petitioner, is by iron rod upon Sushil Paswan.

It is submitted by the petitioner's counsel that the injury report of Sushil Paswan (Annexure 3) records an opinion

Patna High Court CR. MISC. No.39260 of 2020(2) dt.09-02-2021 2/3 of the injury being simple in nature. The petitioner has one antecedent in which he is on bail and in this case, he is now in custody since 27.05.2020. The prosecution is based on a scuffle between the parties for which there exists a counter version in Bikramganj PS Case No 214 of 2020.

Learned APP has opposed the prayer for bail.

Considering the rival submissions, prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Bikramganj, District - Rohtas in Bikramganj PS Case No 213 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to

Patna High Court CR. MISC. No.39260 of 2020(2) dt.09-02-2021 3/3 honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T