← Library
Patna High CourtCR. MISC./65193/2023allowed

Ramit Kumar v. The State Of Bihar

2024-01-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65193 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- GORAUL District- Vaishali ====================================================== RAMIT KUMAR SON OF VIJAY SAH RESIDENT OF VILLAGE - RASULPUR KORI GAON, P.S. - GORAUL, DISTRICT - VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 149, 341, 323, 324, 307, 379, 504/34 of the IPC.

3.

Allegedly, the F.I.R. named accused persons destructed the newly constructed wall of the house of the informant and on protest, they assaulted the informant's side. Petitioner is said to have inflicted iron rod blow on the head of the informant. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to prior land dispute. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not

Patna High Court CR. MISC. No.65193 of 2023(3) dt.22-01-2024 2/2 specific rather general and omnibus in nature. For the alleged occurrence, there is case and counter-case between the parties. Both sides have sustained injuries and the injury of the injured was found simple in nature which is clear from the injury report enclosed in the case diary. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the injury was found simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Goraul P.S. Case No.26 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T