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Patna High CourtCR. MISC./1435/2021bail granted

Ajay Ram v. The State Of Bihar

2021-07-08Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1435 of 2021 Arising Out of PS. Case No.-33 Year-2020 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== 1.

Ajay Ram Son Of Mukhdeo Ram Resident Of Village - Sohda, P.S Narai Kala Khurd, Distt- Aurangabad 2.

Sanjay Ram Son Of Mukhdeo Ram Resident Of Village - Sohda, P.S Narai Kala Khurd, Distt- Aurangabad 3.

Dhananjay Ram@ Dhananjay Kumar Ram Son Of Sukhdeo Ram Resident Of Village - Sohda, P.S Narai Kala Khurd, Distt- Aurangabad 4.

Manoj Ram Son Of Sukhdeo Ram Resident Of Village - Sohda, P.S Narai Kala Khurd, Distt- Aurangabad 5.

Pawan Baitha @ Pawan Kumar Baitha Son Of Kamla Baitha Resident Of Village - Sohda, P.S Narai Kala Khurd, Distt- Aurangabad 6.

Shiv Dayal Ram Son Of Late Sewak Ram Resident Of Village - Sohda, P.S Narai Kala Khurd, Distt- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Further, counsel for the petitioners is directed to make necessary correction in paragraph 1 of the bail application. The petitioners are apprehending their arrest in a case

Patna High Court CR. MISC. No.1435 of 2021(2) dt.08-07-2021 2/3 registered under Sections 147, 149, 341, 323, 324, 354, 379, 504 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners came at the shop of the informant's husband and assaulted him by means of lathi, danda, due to which he sustained injuries. The accused persons also took awayRs.700/- from the box and damaged the food items kept in the shop. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made. It is a case and counter case between the parties. Free fight is alleged to have taken place. No stolen property is said to have been recovered from the possession of the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Patna High Court CR. MISC. No.1435 of 2021(2) dt.08-07-2021 3/3 learned Chief Judicial Magistrate, Aurangabad in connection with Narari Kala Khurd P.S. case No.33 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T