Rajesh Ram @ Rajesh Kumar Ram @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73690 of 2022 Arising Out of PS. Case No.-299 Year-2022 Thana- DESARI District- Vaishali ====================================================== Rajesh Ram @ Rajesh Kumar Ram @ Rajesh Kumar S/O Mahesh Ram R/O Village- Dharampur Ram P.S- Chandpura (O.P) Desri, District- Vaishali At Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Ms.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Desari (Chandpura O.P.) P.S. Case No. 299 of 2022 registered under sections 341, 323, 354, 379, 307, 506 and 34 of the Indian Penal Code. As per allegation in FIR, when the informant was at her home, the accused persons including the petitioner they came and started abusing her. On protest, they pulled her down by holding her hair and when informant's son Jitendra came to save her, petitioner inflicted iron rod blow on his head due to which he sustained injuries. Thereafter, co-accused, Mahesh Ram assaulted informant's husband and daughter by means of

Patna High Court CR. MISC. No.73690 of 2022(2) dt.21-03-2023 2/3 wooden stick. Further alleged one of them snatched golden chain, worth Rs. 50,000/- from the informant's son. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is agnate of the informant and some partition dispute is going on between them due to which he has falsely been implicated in this case. It is further submitted that there is case and counter case, both parties have sustained injuries as alleged in separate occurrence. There is no repeated blow as alleged assaulted by the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 23.07.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Desari (Chandpura O.P.) P.S. Case No. 299 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional

Patna High Court CR. MISC. No.73690 of 2022(2) dt.21-03-2023 3/3 Chief Judicial Magistrate-IX, Vaishali at Hajipur. (Sunil Kumar Panwar, J) amandeep/- U T