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Patna High CourtCR. MISC./2753/2021bail granted

Santosh Ram v. The State Of Bihar

2021-07-22Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2753 of 2021 Arising Out of PS. Case No.-224 Year-2020 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== 1.

Santosh Ram, Son of Late Yogendra Ram Resident of Village - Naya Tola, Near Sahay Bhawan, P.S.- Kazimohammadpur, Distt.- Muzaffarpur. 2.

Ajit Ram, Son of Late Yogendra Ram Resident of Village - Naya Tola, Near Sahay Bhawan, P.S.- Kazimohammadpur, Distt.- Muzaffarpur. 3.

Rohit Kumar, Son of Santosh Ram Resident of Village - Naya Tola, Near Sahay Bhawan, P.S.- Kazimohammadpur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogendra Kumar Singh- Advocate For the Opposite Party/s :

Mr. Dashrath Mehta- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-07-2021 Heard Mr. Yogendra Kumar Singh, the learned Advocate for the petitioners and Mr. Dashrath Mehta, the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Kazimohammadpur P. S. Case No.224 of 2020, instituted for the offences under Sections 341, 323, 326, 326(A), 504, 34 of the Indian Penal Code.

It has alleged in the F.I.R. that the petitioners, who are the neighbours of the informant, came to his place and started assaulting him. The son of the informant and one Raja Babu are said to have been injured because of the petitioners and others

Patna High Court CR. MISC. No.2753 of 2021(2) dt.22-07-2021 2/3 throwing hot oil on their bodies.

The learned Advocate for the petitioners has submitted that the accusation is absolutely false. The petitioners have been made accused in this case because of their being neighbours of the informant with whom the informant was having prior litigation and dispute. Not only are the petitioners neighbours of the informant but are his agnates also. The learned Advocate for the petitioners has submitted that there was a function at the house of the petitioners on the date of the occurrence. The nephew of the informant happened to pass through the house of the petitioners and in the process, he hit a cooking vessel. For the nephew of the informant behaving like a bull in the china shop, a protest was made, but in the scuffle, two of the persons appear to have received simple injuries.

Regard being had to the afore-stated explanation and taking into account the simple injuries on two of the victims, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.2753 of 2021(2) dt.22-07-2021 3/3 satisfaction of learned Additional Chief Judicial Magistrate-1st, East Muzaffarpur in connection with Kazimohammadpur P. S. Case No.224 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T