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Patna High CourtCR. MISC./61413/2023bail granted

Ram Pravesh Rai v. The State Of Bihar

2023-12-13Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61413 of 2023 Arising Out of PS. Case No.-455 Year-2023 Thana- NAGAR District- Vaishali ====================================================== Ram Pravesh Rai, aged abaout 43 years, Male, son of Rajeshwar Rai, resident of Village- Jadhua, Gardaniy Chawk, PS- Town (Hajipur), Dist. Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Town (Hajipur) PS Case No.455 of 2023 dated 14.06.2023, instituted under Sections 447, 448, 341, 323, 324, 307, 354, 379, 504 of the Indian Penal Code.

3. The allegation against the petitioner is that he assaulted the informant on his head by means of Daab.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that both the parties are close agnates and due to land dispute the petitioner has been made accused in this case. It is further submitted that the allegation against the petitioner is that he assaulted by means of Daab, but the injury

Patna High Court CR. MISC. No.61413 of 2023(3) dt.13-12-2023 2/2 report which is mentioned in the case diary reveals that injury was simple caused by hard and blunt substance. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in Hajipur Town PS Case No.455 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T