Laxman Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69165 of 2023 Arising Out of PS. Case No.-202 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Laxman Ram S/O Late Golu Ram R/O Village- Ekdahra Tola Laxminia Ward No. 12, P.S- Madhepura, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 427, 504, 506/34 of the Indian Penal Code.

3. As per FIR, on the alleged date of occurrence, a quarrel was going on between the informant and the accused persons. In the meantime, the accused persons broke the fence (Tatti) of the informant and when informant objected for the same, the accused persons including the petitioner variously armed with lathi, danda, rod and farsa started to assault him. When the informant's son came to save him, he was also assaulted by them. The accused persons have also taken away

Patna High Court CR. MISC. No.69165 of 2023(2) dt.25-01-2024 2/3 a box containing cash of Rs. 10,000/- as well as ornaments and valuable clothes from the house of the informant.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to land dispute. There is case and counter case between the parties. There is no specific allegation of assault against the petitioner rather there is general and omnibus allegation against him. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The other co-accused namely, Laltu Ram has already been granted bail by another co-ordinate Bench of this Court vide order dated 07.12.2023 passed in Cr. Misc. No. 78562 of 2023. Petitioner is languishing in judicial custody since 26.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount

Patna High Court CR. MISC. No.69165 of 2023(2) dt.25-01-2024 3/3 each to the satisfaction of the learned C.J.M., Madhepura in connection with Madhepura (Bharrahi) P.S. Case No. 202 of 2023.

(Sunil Kumar Panwar, J) lata/- U T