Chanardev Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60978 of 2019 Arising Out of PS. Case No.-77 Year-2018 Thana- BATHNAHA District- Sitamarhi ====================================================== CHANARDEV RAM, aged about 65 years (Male), Son of Late Dukha Ram, Resident of Village- Pandaul, Police Station- Bathnaha, District- Sitamarhi. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Ritesh Kumar Narain Singh, Advocate.
For the Opposite Party :
Mr.Raj Kishore Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case for the offence registered under Sections 147, 323, 324, 307, 354, 379, 448, 504 and 506 of the IPC.
The prosecution story, in brief, is that on 20.03.2018 at 7.00 A.M. all the accused persons were cutting earth from the field of the informant. When he protested, co-accused Ganga Ram caught his hands and Chanardev Ram (petitioner) gave Spade blow on his head with intention to kill him. Due to which, he sustained head injury. On hulla, witnesses came there for his rescue. On which, co-accused Ganga Ram and co-accused
Patna High Court CR. MISC. No.60978 of 2019(2) dt.25-09-2019 2/3 Shankar Ram caught hands of Chanchla Devi and pushed her down and assaulted with fists and slaps and disrobed her and assaulted her and the witnesses with Lathi and Danda. Coaccused Raj Kishore Ram @ Dubba and Binod Ram snatched Rs. 500/- from his pocket. All the accused persons entered into his house and scattered the house hold articles. They also snatched gold chain.
It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 05.07.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. Injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.60978 of 2019(2) dt.25-09-2019 3/3 the like amount each to the satisfaction of the learned C.J.M. Sitamarhi, in connection with Bathnaha P.S. Case No. 77 of 2018, G.R. No. 1223 of 2018.
(Sudhir Singh, J) U.K./- U T