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Patna High CourtCR. MISC./74822/2024bail granted

Vishwanandan Ram v. The State Of Bihar

2024-10-25Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74822 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- PURNAHYA District- Sheohar ====================================================== Vishwanandan Ram Son of Sunder Ram @ Sundar Ram Resident of VillageParsaunigop, 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 apprehends his arrest 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. It is further alleged that this petitioner assaulted

Patna High Court CR. MISC. No.74822 of 2024(2) dt.25-10-2024 2/3 Chandeshwar Ram by means of lathi due to which he sustained injuries.

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. Learned counsel further submitted that only allegation against the petitioner is that he assaulted Chandeshwar Ram by means of lathi but the injury sustained by him is simple in nature. It has been submitted on behalf of the petitioner that the petitioner 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, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.74822 of 2024(2) dt.25-10-2024 3/3 below/concerned Court in connection with Purnahiya P.S. Case No. 35 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T