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Patna High CourtCR. MISC./73144/2022allowed

Ramudeshya Singh @ Ramudesh Singh v. The State Of Bihar

2023-03-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73144 of 2022 Arising Out of PS. Case No.-443 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== RAMUDESHYA SINGH @ RAMUDESH SINGH S/O GAYA SINGH Resident of village- Baghambarpur, P.S.- Majhauliya, District- west champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 337, 307, 379, 504, 506/34 of the Indian Penal Code. The prosecution story, in brief, is that due to previous enmity, all accused persons including the petitioner armed with deadly weapons came there and started abusing and assaulting to the informant. Allegation against this petitioner is that he assaulted the informant by means of lathi due to which he sustained injuries.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Both parties are agnates and an admitted land dispute is going on

Patna High Court CR. MISC. No.73144 of 2022(2) dt.20-03-2023 2/2 between them due to which this petitioner has falsely been implicated in this case. There is case and counter case between the parties, both parties sustained injuries as alleged in separate occurrences. The allegation against this petitioner of assaulting by means of lathi whereas, allegation of assaulting by means of Farsa is attributed to co-accused Promod Singh. The petitioner has got no criminal antecedent and languishing in judicial custody since 16.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Manjhauliya P.S. Case No. 443 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T