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Patna High CourtCR. MISC./52059/2023allowed

Pathar Ram @ Pathal Ram @ Papi Ram v. The State Of Bihar

2023-08-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52059 of 2023 Arising Out of PS. Case No.-305 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Pathar Ram @ Pathal Ram @ Papi Ram Son Of Late Sita Ram VillageMohchhi Sugar Ps- Gopalpur Dist- West Champaran 2.

Lakhan Ram Son Of Late Sita Ram Village- Mohchhi Sugar Ps- Gopalpur Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 341, 147, 148, 149, 323, 324, 307, 504 of the Indian Penal Code. As per prosecution case, the allegation against the accused persons including the petitioners is that due to land dispute they assaulted the father of the informant with intention to kill him and when he came to save his father they also assaulted the informant due to which he and his father sustained injuries.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They

Patna High Court CR. MISC. No.52059 of 2023(2) dt.25-08-2023 2/2 have falsely been implicated in this case due to previous land dispute. There is case and counter case between the parties and both parties have sustained injuries in separate occurrence. It is further submitted that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 26.04.2023.

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 petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Majhaulia P.S. Case No. 305 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, Bettiah, West Champaran.

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