Kishun Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71667 of 2023 Arising Out of PS. Case No.-117 Year-2023 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Kishun Ram Son Of Shankar Ram Resident Of Village - Rampur Mukund, Police Station - Vishambharpur, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 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, 325, 307, 379 504, 506 and 34 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that her goat went the field of petitioner and when the petitioner saw the goat in his field, he brought the goat to his home. When the informant went to his home to take her got, then he abuses her in filthy language and assaulted her with lathi due to which she sustained injury on her hand and legs. On raising alarm, her daughters and son came for rescue, then petitioner along with accused persons also assaulted them with lathi and danda due to which they sustained injury.

Patna High Court CR. MISC. No.71667 of 2023(3) dt.30-01-2024 2/2

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. The petitioner and the informant are co-villages and there is land dispute between them. As per injury report, nature of injuries is simple in nature. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 24.07.2023.

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 each to the satisfaction of the learned Additional Chief Judicial MagistrateIII, Gopalganj in connection with Vishambharpur P.S. Case No. 117 of 2023.

(Sunil Kumar Panwar, J) lata/- U