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Patna High CourtCR. MISC./58687/2024allowed

Ravindra Ram @ Rabindra Ram v. The State Of Bihar

2025-02-17Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58687 of 2024 Arising Out of PS. Case No.-28 Year-2019 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== 1.

RAVINDRA RAM @ RABINDRA RAM SON OF LATE MUKHI RAM R/V- VILAGE- HARPUR, P.S.- GOPALGANJ (TOWN), DISTT.- GOPALGANJ 2.

FAGU RAM @ PHAGU RAM @ RAJESHVAR RAM @ RAJESHWAR RAM SON OF LATE MUKHI RAM R/V- VILAGE- HARPUR, P.S.- GOPALGANJ (TOWN), DISTT.- GOPALGANJ 3.

CHHATHU RAM SONOF VISHWAMATH RAM R/V- VILAGEHARPUR, P.S.- GOPALGANJ (TOWN), DISTT.- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Shukla, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 447, 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.

3. The case of the prosecution is that accused persons arrived at the house of the informant being armed with weapon including the petitioner no. 2, namely, Fagu Ram @ Phagu Ram @ Rajeshvar Ram @ Rajeshwar Ram having armed with 'sword' in his hand and assaulted on the head of the

Patna High Court CR. MISC. No.58687 of 2024(5) dt.17-02-2025 2/3 informant due to which he received head injury. When the family members came to rescue, they were also assaulted. Accordingly, the FIR.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in connection with the present case. It has further been submitted that the occurrence took place on 03.01.2019 whereas the FIR was lodged on 11.01.2019. There is delay of eight (8) days in lodging of the FIR for which there is no explanation on behalf of the informant. It has further been submitted that there is land dispute between the parties and there is also a counter version of this case. Further submission is that good sense prevailed between the parties and both the parties have filed compromise petition before the trial Court. Moreover, the petitioner is languishing in judicial custody since 07.05.2024 having no criminal antecedent.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Gopalganj (Town) P.S. Case No. 28 of

Patna High Court CR. MISC. No.58687 of 2024(5) dt.17-02-2025 3/3 2019 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, Gopalganj. (Ashok Kumar Pandey, J) Jagdish/- U T