Sunil Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48481 of 2022 Arising Out of PS. Case No.-5 Year-2020 Thana- CHANAN District- Lakhisarai ====================================================== 1.

SUNIL RAM Son of Lutan Ram R/V- Bhandar, P.S- Chanan, DistLakhisarai 2.

Uchit Ram Son of Lutan Ram R/V- Bhandar, P.S- Chanan, Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mayank Bilochan For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-12-2022 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioners and learned APP for the State through video-conferencing. The petitioners have preferred this application for grant of regular bail in a case registered under sections 448, 147, 148, 149, 307, 325, 354B, 379, 504 and 506 of the Indian Penal Code.

As per the prosecution case, the petitioners and the co-accused persons are alleged to have entered the house of the informant and started abusing. On being objected, the co-

Patna High Court CR. MISC. No.48481 of 2022(2) dt.09-12-2022 2/3 accused Hare Ram holding iron rod assaulted on the head of the informant with the intention to kill, causing cut injury. The coaccused Rakesh Ram holding tangi assaulted on the right hand of the informant causing cut and fracture injury due to which blood started oozing out. The Informant's wife was also assaulted by the petitioner Uchit Ram and the co-accused persons. When the informant's niece came to rescue, she was also assaulted by the co-accused persons causing head injuries. When the informant's elder brother came to rescue then the coaccused Rakesh Ram and the petitioner Uchit Ram assaulted him by iron rod causing head injury.

It is further alleged that the petitioner Uchit Ram caught hold of the hair of Sundari Devi and threw her on the ground, sat on her and tore her blouse. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The injured sustained three injuries out of which two injuries are simple in nature and one is grievous in nature. Nothing has been recovered from the possession of the petitioners. The petitioners are also accused in two other criminal cases in which they are on bail as stated in para 3 of the bail petition.

Patna High Court CR. MISC. No.48481 of 2022(2) dt.09-12-2022 3/3 13.06.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Lakhisarai in connection with Chanan P.S. Case No. 5 of 2020.

The application stands allowed.

(Chandra Prakash Singh, J) atul/ayush/- U T