Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65698 of 2023 Arising Out of PS. Case No.-158 Year-2023 Thana- NALANDA District- Nalanda ====================================================== Ajay Kumar son of Late Ramchandra Prasad Singh @ Ramchandra Prasad Village- Sakraudha Ps- Nalanda Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Dhirendra Pratap Singh, Advocate For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
02. In the present case, the petitioner seeks bail in connection with Nalanda P.S. Case No. 158 of 2023 registered on 21.06.2023, for the alleged offences under Sections 341, 323, 307, 326, 379, 504, 506, 354, 34 of the Indian Penal Code.
03. As per prosecution case, the petitioner along with other co-accused persons armed with sword, lathi and danda came to the house of the informant and they assaulted the informant, his brother and his mother, causing injuries to them. They also snatched a gold chain of the informant's mother.
04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has become a victim of false implication in
2/4 the dispute between real brothers arising out of partition as they all reside in one house, which is partitioned amongst them. In fact, the petitioner was brutally assaulted by the informant and his family, father, mother and sister, for which, the petitioner has lodged Nalanda P.S. Case No. 159 of 2023. Learned counsel further submits that Ashok Singh, father of the informant, is own brother of co-accused Anuj, Abhay and Ajay and the informant is son of Ashok Singh as such both the parties are four brothers and their family members.
Learned counsel further submits that the allegation against the petitioner is that he assaulted the brother of the informant with iron rod on his head, but the injury report of the informant's brother shows a lacerated wound of 1 inch with 1/3 inch depth over forehead and it is not clear from the injury report whether this injury has been found to be grievous or simple in nature, since only one injury is mentioned in the same report. Learned counsel further submits that five cases are pending against the petitioner and out of which three case have been lodged by the same informant with similar allegation. Learned counsel further submits that in the background of case and counter case and scuffled between the brothers, a number of persons made accused from both side. The petitioner is in custody since 22.06.
3/4 been submitted.
05. Learned APP for the State opposes the prayer for bail submitting that the petitioner and other co-accused persons brutally assaulted the petitioner and his family members, causing a number of injuries to them.
06. Perused the record.
07. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class/concerned court, Biharsharif, Nalanda in connection with Nalanda P.S. Case No. 158 of 2023, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail
4/4 bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Ashish/- U T