Jitendra Ram @ Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46227 of 2023 Arising Out of PS. Case No.-529 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== Jitendra Ram @ Jitendra Singh Son of Mevalal Singh @ Mewa Ram R/ODariyapur, P.S.-Akbarpur, Distt.-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-09-2023 Heard learned counsel for the parties.

2. Petitioner seeks pre-arrest bail in connection with Akbarpur P.S.Case No.529 of 2022, registered for the offences punishable under Sections 341, 323, 307 and 504/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, petitioner along with other co-accused persons assaulted upon the husband of the informant, who sustained injury at his head. The specific allegation against the petitioner is that he had assaulted with iron rod on the head of the husband of the informant, which caused him grievous injury.

4. Learned counsel appearing on behalf of the petitioner submits that the allegation made in the FIR against the petitioner is not sustainable as the petitioner had not assaulted upon the husband of the informant rather he had only asked the husband of the informant to return back the amount which he had taken from petitioner.

Patna High Court CR. MISC. No.46227 of 2023(2) dt.06-09-2023 2/2

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made in the FIR as well as the fact that the petitioner along with other coaccused persons had assaulted upon the husband of the informant and one co-accused, namely, Mevalal Singh has been granted bail by the learned subordinate court. Specific allegation relating to transaction of money between the parties can be decided amicably. However, considering the allegation that the injury has been caused on the vital part of the body of the husband of the informant, the petitioner may surrender before the learned court below for grant of regular bail within a period of three weeks from the date of passing of this order till then the learned court below is directed to grant provisional bail to the petitioner in connection with Akbarpur P.S.Case No.

529 of 2022 on such terms and conditions as laid down under Section 438(2) of the Cr.P.C. and as he deems fit and proper and allow the parties to settle the dispute amicably taking into nature of allegation and thereafter make the provisional bail absolute on such terms and conditions as he deems fit and proper.