Dinesh Ram @ Dineshwar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55037 of 2023 Arising Out of PS. Case No.-113 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== DINESH RAM @ DINESHWAR RAM S/O LATE CHAITU RAM VILLAGE HAMIDPUR THIKHAI SHAHJAHANPUR PS AND DISTRICT VAISHALI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bela Singh For the Opposite Party/s :
Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-08-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Vaishali Police Station Case No. 113 of 2013, dated 21.03.2023, disclosing offences under Sections 147/148/149/323/379/307/504/506 of the Indian Penal Code. The prosecution case, on the basis of the First Information Report, is that due to some dispute regarding collision of bicycle, the petitioner along with other accused persons assaulted the informant and his nephew, due to which they sustained injury.
Learned Counsel for the petitioner submits that no specific overt act has been alleged against the petitioner and the
Patna High Court CR. MISC. No.55037 of 2023(2) dt.30-08-2023 2/3 allegations are general and omnibus in nature. She further submits that specific allegation is against the co-accused persons, namely, Sanjeev Kumar, Kameshwar Ram, Sonu Kumar and Monu Kumar and co-accused Sanjeev Kumar@Sanjeet Kumar has been granted anticipatory bail by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 40589 of 2023. She next submits that injuries caused to the informant and his nephew are simple in nature, as would be evident from paragraph-5 of the impugned order and counter version of the case is also there lodged by the wife of the coaccused Kameshwar Ram, bearing Vaishali Police Station Case No. 112 of 2023.
Regards being had to the submissions made on behalf of the parties and taking into consideration the materials available on record and the fact that the occurrence has taken place on trivial issue of collision of bicycle, there is counter case also lodged by the side of the petitioner and injury caused to the informant and his nephew is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.
Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be
Patna High Court CR. MISC. No.55037 of 2023(2) dt.30-08-2023 3/3 released on bail 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, Vaishali at Hajipur, in connection with Vaishali Police Station Case No. 113 of 2023, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T