Laltu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78562 of 2023 Arising Out of PS. Case No.-202 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Laltu Ram S/O Late Soman Ram R/O Village- Ekdahra Tola Laxminia, Ward No. 12, P.S-Madhepura, Distt.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dinesh Prasad Verma, Adv.
For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 202 of 2023 instituted for the offences under Sections 341, 323, 324, 307, 379, 427, 504, 506/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on 21.02.2023 at 7:00 hours in the morning, a quarrel was going on between the Informant and the accused persons. In the meantime, the accused persons broke the fence (Tatti) of the Informant. When the Informant objected for the same, the accused persons including the petitioner variously armed with Lathi, Danda, rod and Farsa started to assault him. When the Informant's son came
Patna High Court CR. MISC. No.78562 of 2023(2) dt.07-12-2023 2/3 to save him, he was also assaulted by them. As per allegation, the accused persons have also taken away a box containing cash of Rs. 10,000/- as well as ornaments and valuable clothes from the house of the Informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to land dispute. There is a case and counter case between the parties. From the impugned order, it appears that in the case of the son of the Informant, the opinion of the injury has been kept reserved by the doctor and the injury is caused by hard and blunt substance. The doctor has also found the injury caused on the person of the Informant to be grievous in nature caused by hard and blunt substance. The charge-sheet has been submitted in this case by the police.
5. The petitioner has no criminal antecedent and is languishing in judicial custody since 07.05.2023.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Considering the entire facts and circumstances of the case and the petitioner having no criminal antecedent as also the period of custody, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten
Patna High Court CR. MISC. No.78562 of 2023(2) dt.07-12-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madhepura (Bharrahi) P.S. case No. 202 of 2023. (Rudra Prakash Mishra, J) rishi/- U T