Manoj Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61220 of 2021 Arising Out of PS. Case No.-38 Year-2021 Thana- SHIVSAGAR District- Rohtas ====================================================== MANOJ RAM Son of Late Indradeo Ram Resident of Village - Kumahu, P.S.- Sheosagar, Distt.- Rohtas.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramchandra Singh, Advocate For the Informant :
Mr. Rabindra Kumar, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Sheosagar P.S. Case No. 38 of 2021 instituted for the offences under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 07.07.2021, is a person with clean antecedent and charge-sheet has been submitted. The informant alleges that the petitioner assaulted the elder brother of the informant on the head with Rami when he came to save the informant who was being assaulted by the
Patna High Court CR. MISC. No.61220 of 2021(2) dt.22-03-2022 2/3 named accused persons leading to injury on head and became unconscious and was referred to BHU Trauma Centre, Varanasi for better treatment.
Learned counsel for the petitioner submits that informant's side and the petitioner's side are neighbour and on account of dispute between the neighbour, the present occurrence took place in which Shukhdeo Ram, father of Bhagwan Ram (who is an accused in the present case), had instituted Shivsagar P.S. Case No. 40 of 2021 under the Indian Penal Code alleging that his grand-son Arvind Kumar was stabbed by Deepak Kumar.
Learned counsel for the petitioner submits that admittedly neither the informant's side nor the petitioner's side are criminal and the dispute arose on account of trivial issue relating to neighbourhood and in the spur of the moment the occurrence took place. There is no allegation of repeated blow and it is also submitted that the injured is now hale and hearty. It is further submitted that injures were suffered from both sides. Learned A.P.P. and learned counsel for the informant opposed the bail application. Learned counsel for the informant submits that there is direct allegation against this petitioner of assaulting the brother of the informant on his head by Rami
Patna High Court CR. MISC. No.61220 of 2021(2) dt.22-03-2022 3/3 leading to injury and he was treated at Trauma Centre, Varanasi but does not dispute the fact that petitioner's side and the informant's side are neighbour and on some trivial dispute the occurrence took place.
Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted and it is the first offence of the petitioner and the injures is safe, hale and hearty, let the petitioner above named be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sasaram in connection with Sheosagar P.S. Case No. 38 of 2021, subject to the condition that one of the bailors shall be the father-in-law (Ram Hari) of the petitioner.
(Satyavrat Verma, J) Kundan/- U T