Indal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74861 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- PURNAHYA District- Sheohar ====================================================== Indal Ram S/O Baijnath Ram Resident of Village - Parsaunigop, P.S.- Purnahiya, District- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Purnahiya P.S. Case No. 35 of 2024 instituted for the offences under Sections 147, 148, 149, 323, 324, 307, 504, 506, 447, 302 of the Indian Penal Code.

3. Prosecution case, in short, is that is that total seventeen accused persons including these petitioners formed unlawful assembly and assaulted the informant and other family members. It is further alleged that co-accused Baban Ram assaulted on the head of the brother of the informant due to which he sustained injuries and, later on, died during course of treatment.

Patna High Court CR. MISC. No.74861 of 2024(2) dt.25-10-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that specific accusation of assaulting the deceased is attributed against Baban Ram. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.07.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, no specific allegation of assaulting the deceased as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Purnahiya P.S. Case No. 35 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.74861 of 2024(2) dt.25-10-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T