Chandrashekhar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49043 of 2023 Arising Out of PS. Case No.-169 Year-2023 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== 1.
Chandrashekhar Ram S/o Late Somaru Ram R/V-Bharigawa, P.S.-Kudra, Dist-Kaimur 2.
Harendra Ram @ Harendra Kumar @ Harendra Kumar Ram S/o Late Somaru Ram R/V-Bharigawa, P.S.-Kudra, Dist-Kaimur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-09-2023 Heard learned counsel for the petitioners and the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 448, 323, 324, 504, 506, 307, 379, 354/34 of the Indian Penal Code.
3. As per the prosecution case, all the FIR named accused persons including petitioners armed with lethal weapons entered the house of informant and inflicted injury on the head of informant and others.
4. It is submitted by the counsel for petitioners that injury allegedly caused by Chandrashekhar Ram petitioner no. 1 is simple in nature. It is next submitted that as a matter of fact,
Patna High Court CR. MISC. No.49043 of 2023(4) dt.26-09-2023 2/3 in the evening of 15.05.2023 a Barat party was performing Parikshan ritual, in the meantime, one boy of other side was making video through mobile and also teasing girls of the family. Thereafter, other side tried to convince not to do such act, thereafter Barat went away in the night, but on the next day, after return of Barat, the family members of petitioner side went at Darwaja of other side and made complain, on account of which they became furious and started assaulting with lathi and snatched golden chain, cash for which a case bearing Kudra PS Case No. 171 of 2023 was lodged. Present case is counter blast. As a matter of fact, during course of scuffle wife of informant fell down due to which she received injury.
5. However, counsel for State opposed the prayer for bail and submitted that injury caused by petitioner no. 2 is grievous in nature.
6. So far as the case of Harendra Ram petitioner no. 2 is concerned, injury attributed to this petitioner is grievous in nature, therefore, I am not inclined to enlarge him on anticipatory bail. Accordingly, the same is rejected.
7. Considering the facts aforesaid and the fact that Chandrashekhar Ram petitioner no. 1 caused simple injury, therefore, he in the event of his arrest/surrender before the court
Patna High Court CR. MISC. No.49043 of 2023(4) dt.26-09-2023 3/3 below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Mohania, Kaimur in connection with Kudra P.S. Case No. 169 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T