Ram Babu Ray @ Ram Babu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74184 of 2022 Arising Out of PS. Case No.-75 Year-2021 Thana- BAHERA District- Darbhanga ====================================================== Ram Babu Ray @ Ram Babu Rai Son Of Jawahar Rai R/O VillageDevkapur, P.S.- Bahera, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gyanand Roy For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2023 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, 379, 307, 147, 148, 149 of the Indian Penal Code. As per prosecution case, the informant alleged that accused persons were assaulting his brother and when he went to save him, the accused persons including the petitioner also assaulted him due to which he along with his brother sustained injuries.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The father of the petitioner and his uncle Gyani Rai have land dispute with the informant due to which the petitioner has falsely been implicated in the present case. There is case and counter case,

Patna High Court CR. MISC. No.74184 of 2022(2) dt.22-03-2023 2/2 both the parties sustained injuries as alleged in separate occurrences. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, similarly situated co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide order 29.3.2022 passed in Cr. Misc. No. 61790 of 2021 in support of this Annexure-5 series has been annexed with this petition. It is further submitted that the petitioner is languishing in judicial custody since 14.9.2022.

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 Bahera P.S. Case No. 75 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Benipur, District- Darbhanga. (Sunil Kumar Panwar, J) Amandeep/- U T