Ramjee Singh @ Ramjee Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60698 of 2023 Arising Out of PS. Case No.-259 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Ramjee Singh @ Ramjee Kushwaha, S/O Late Nardev Kushwaha R/O Village- Pandey Patti, Ward No. 10, P.S- Buxar (MUFFASIL), Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Buxar (Muffassil) P.S. case No. 259/2023 registered for the offence punishable under Sections 341, 323, 308, 506 and 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioner has allegedly assaulted the informant.

4. The learned counsel for the petitioner submits that the allegation of assault is false and prosecution has been lodged under a misunderstanding based on a minor scuffle. It is under such circumstance that the informant has subsequently filed a compromise petition in the Court below, copy of which has been placed on record by way of Annexure-2. The petitioner is also

Patna High Court CR. MISC. No.60698 of 2023(2) dt.11-10-2023 2/3 stated to be man of clean antecedent.

5. Learned APP for the State has opposed the prayer for pre-arrest bail.

6. Considering the rival submissions of the parties, the nature of injuries (simple) as recorded in the order dated 18.07.2023 whereby and whereunder the petitioner's prayer for anticipatory bail was rejected by the learned Addl. Sessions Judge-V, Buxar and the clean antecedent of the petitioner, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for anticipatory bail of the petitioner is allowed.

7. Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be 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 the learned S.D.J.M.-V, Buxar in connection with Buxar (Muffassil) P.S. case No. 259 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is

Patna High Court CR. MISC. No.60698 of 2023(2) dt.11-10-2023 3/3 related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) Pankaj/- U T