Niraj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65318 of 2023 Arising Out of PS. Case No.-83 Year-2022 Thana- MAINATAND District- West Champaran ====================================================== Niraj Ram Son Of Ramayan Ram R/O Vill - Singhpur, P.S. - Mainatand, Distt. - West Champaran, Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Mainatand P.S. Case No. 83 of 2022 dated 27.06.2022 registered for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 324, 325, 307, 354B and 504 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons along with 10-15 unknown persons came to the field of the informant and started abusing and assaulting. In

Patna High Court CR. MISC. No.65318 of 2023(2) dt.22-11-2023 2/3 the meantime, the co-accused Vinod Paswan assaulted on the head of the informant with iron rod causing broken injury and she became nude. When Parmila Devi came to rescue, she was also assaulted by them with lathi, danda and iron rod causing head injury. Later on the injured was taken to hospital for treatment.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. There is general and omnibus allegation against the petitioner. Learned counsel has further submitted that the specific allegation of assault is against the co-accused Vinod Paswan.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court

Patna High Court CR. MISC. No.65318 of 2023(2) dt.22-11-2023 3/3 concerned, Bettiah, West Champaran in connection with Mainatand P.S. Case No. 83 of 2022 , subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

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