Deep Narayan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63146 of 2023 Arising Out of PS. Case No.-479 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

Deep Narayan Ram Son of Ganesh Ram @ Ganesh Prasad Resident Of Village - Dasauti, P.S. - Mohania, District - Kaimur 2.

Brajesh Ram Son of Deep Narayan Ram Resident Of Village - Dasauti, P.S. - Mohania, District - Kaimur 3.

Bhrigu Ram Son of Late Tengari Ram Resident Of Village - Dasauti, P.S. - Mohania, District - Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-10-2023 Heard learned counsel for the petitioners and the learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Mohania PS Case No. 479 of 2023 dated 08.07.2023 registered for the offence punishable under Sections 341, 323, 325, 307, 504 and 506/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that while the father of the informant and his other family members went to the petitioners and other co-accused persons to ask about the notice with regard to the land dispute, upon which, they started abusing. On being objected, the petitioner Deep Narain Ram

Patna High Court CR. MISC. No.63146 of 2023(2) dt.06-10-2023 2/3 assaulted on the head of the informant's father causing head injury. Bhrigu Ram also assaulted near the eye of his father with stone. When the informant's brother Nitish Kumar came to rescue, he was assaulted on his head by them. The informant's uncle Sudhir Ram was also assaulted.

4. Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in this case. The petitioners have no concern with the alleged occurrence. As a matter of fact, free fight took place between the parties over the land dispute, in which both parties have sustained injuries. The petitioners are in custody since 09.07.2023. They have no criminal antecedent. Petitioner no.1 sustained three multiple injuries out of which injury nos. 2 and 3 are simple in nature. The opinion was kept reserved regarding injury no.1. Petitioner no.3 sustained grievous injury on his hand. Petitioner no.1 also sustained injury on his forehead and the opinion was kept reserved regarding injury no.2.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners by submitting that the injured Radhey Shyam Ram sustained grievous injury on his head.

6. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.63146 of 2023(2) dt.06-10-2023 3/3 of the case, the period of custody and the nature of allegation, the petitioners above named are directed to be released on bail on his furnishing bail bonds of Rs 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Mohania, Kaimur in connection with Mohania PS Case No. 479 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) rohit/- U T