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Patna High CourtCR. MISC./43929/2023allowed

Ashok Ram v. The State Of Bihar

2023-07-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43929 of 2023 Arising Out of PS. Case No.-87 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== ASHOK RAM Son of Ganeshwar Ram Resident of Village - Chamtha Kurmitol, P.S.- Bachhwara, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 308, 325, 379, 504, 506/34 of the Indian Penal Code. As per prosecution case, while the informant was returning to home, meanwhile the petitioner along with other co-accused persons surrounded him and snatched cash of Rs. 15,000/- from him. On oppose, the petitioner assaulted him on head of the informant by means of axe due to which he sustained injury. Thereafter, the present FIR has been lodged. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The informant and the petitioner are own brothers. The petitioner has

Patna High Court CR. MISC. No.43929 of 2023(2) dt.21-07-2023 2/2 falsely been implicated in this case. It is also submitted that the petitioner has been attributed with a specific allegation of assaulting by means of axe whereas the informant sustained injury which is caused by hard & blunt substance and the same is evident from impugned order. He has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 17.3.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Bachhwara P.S. Case No. 87 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai.

(Sunil Kumar Panwar, J) Amandeep/- U T