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Patna High CourtCR. MISC./60566/2022bail rejected

Ram Bhujwan Sah @ Ram Bujhawan Sah @ Ram Bujhan Sah v. The State Of Bihar

2023-02-22Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60566 of 2022 Arising Out of PS. Case No.-99 Year-2022 Thana- ARER District- Madhubani ====================================================== Ram Bhujwan Sah @ Ram Bujhawan Sah @ Ram Bujhan Sah S/o Late Saryug Sah Resident of village- Manha, P.S.- Arer, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav, Adv.

Mr. Ravi Prakash, Adv.

For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Arer P.S. Case No. 99 of 2022 lodged under Sections 341, 323, 324, 307, 447, 379, 504, 34 of the I.P.C.

As per the prosecution case, the present case has been lodged against 7 named accused persons. The specific allegation against the present petitioner is that he has assaulted by tengari upon the head of the informant's son, due to which, he become unconscious. He has also assaulted the informant. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.60566 of 2022(4) dt.22-02-2023 2/2 antecedent of the petitioner is clean and he is in custody since 22.07.2022.

Learned counsel for the State opposes the prayer for bail and submits that in this case, the specific allegation against the petitioner is to assault the son of the informant and injury is grievous in nature.

Upon specific query from the counsel for the petitioner that whether charge has been framed in this case or not, counsel submits that charge has not been framed. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, his bail petition is hereby rejected. However, liberty is hereby granted that he may renew his prayer for bail after framing of charge.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) sadique/- U T