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Patna High CourtCR. MISC./66024/2023allowed

Rahul Ram v. The State Of Bihar

2024-01-05Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66024 of 2023 Arising Out of PS. Case No.-135 Year-2023 Thana- BHORE District- Gopalganj ====================================================== RAHUL RAM S/o Shrikant Ram Resident of Dube Jigna, P.S.-Bhore, Distt.- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 78535 of 2023 Arising Out of PS. Case No.-135 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Manjesh Kumar @ Kuli Ram Son Of Ramnath Ram Resident Of VillageDube Jigna, Ps- Bhore, Distt- Gopalganj ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 66024 of 2023) For the Petitioner/s :

Mr.Deepankar Raj For the Opposite Party/s :

Mr.Murli Dhar (In CRIMINAL MISCELLANEOUS No. 78535 of 2023) For the Petitioner/s :

Mr.Deepankar Raj For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under section 302, 341, 323, 307, 504, 324, 34, of the Indian Penal Code.

3. As per FIR, the allegation against the petitioners

Patna High Court CR. MISC. No.66024 of 2023(3) dt.05-01-2024 2/3 are that they in connivance with others came at the house of the informant and took his son with them and due to previous dispute they gave stabbed blow on the chest, abdomen and rib of her son due to which her son sustained severe injuries. It is further alleged that they had also stabbed friend of informant's son.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to dirty village politics. The informant is not an eye witness of the alleged occurrence and there is general and omnibus allegation levelled against the petitioners. As per Para-7 of the Case Diary, the friend of informant's son namely, Sohel Ansari who was also injured in this alleged occurrence has stated that co-accused, Khani Alam with intention to kill, stabbed several times upon the body of the informant's son due to which he sustained injuries. It is further submitted that the petitioners are languishing in judicial custody since 09.05.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.66024 of 2023(3) dt.05-01-2024 3/3 considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Bhore P.S. Case No. 135 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj. (Sunil Kumar Panwar, J) manishkumar/- U T