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Patna High CourtCR. MISC./52104/2022allowed

Ramagya Ram v. The State Of Bihar

2023-02-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52104 of 2022 Arising Out of PS. Case No.-185 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== RAMAGYA RAM S/o Late Vishun Ram R/o village- Kotwa, P.S.- Gopalganj, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Gopalganj (Town) P.S. Case No. 185 of 2022 registered under Sections 302 and 34 of the Indian Penal Code.

It is a case of assaulting upon the informant's daughter by means of Fasuli, due to which she sustained injury on her neck and thereafter she succumbed to injury. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. It is further submitted that the petitioner is the brother of the co-accused and

Patna High Court CR. MISC. No.52104 of 2022(3) dt.01-02-2023 2/2 he has no concern mess and business with the co-accused. There is no specific allegation of assault against the petitioner rather the specific allegation of assault by means of fasuli on the neck of the deceased is against co-accused Indradeo Ram. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 31.03.2022.

The application for bail is vehemently opposed by learned APP for the State and submitted that according to postmortem report, the injury caused by sharp object. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Gopalganj (Town) P.S. Case No. 185 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj.

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