Nagina Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44771 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== NAGINA RAM Son of Late Shyamlal Ram Resident of Village - Rampur, P.S.- Phulwariya, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 307, 354/34 IPC. 3.

Allegation against the petitioner is that he assaulted the informant by means of iron rod.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. For the alleged occurrence, there is case and counter-case between the parties and both sides have sustained injury. Though there is allegation against the petitioner that he assaulted the informant by means of iron rod but the injury was found simple in nature, which is

Patna High Court CR. MISC. No.44771 of 2023(2) dt.23-08-2023 2/2 clear from Annexure-4 of this application. It is submitted that the petitioner has also sustained injury and his injury report is enclosed at Annexure-3. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Phulwariya P.S. Case No.27 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T