Ram Bachan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78032 of 2023 Arising Out of PS. Case No.-181 Year-2023 Thana- TARIYANI CHOWK District- Sheohar ====================================================== RAM BACHAN RAY SON OF YADU RAY @ JADU RAY RESIDENT OF VILLAGE - PAHARPUR, POLICE STATION - TARIYANI, DISTRICT - SHEOHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code.

3. Allegedly, due to land dispute, on 21.07.2023, all the accused persons including the petitioner assaulted the informant and his brother by means of lathi-danda and spade. Later on, the matter has been compromised due to interference of the Sarpanch, but on 22.07.2023, when the informant was going towards the field for call of nature, petitioner along with other accused persons came to him and tied napkin around his neck with an intention to kill him due to which he sustained injury.

4. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.78032 of 2023(2) dt.08-12-2023 2/2 petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. The injury sustained by the injured is simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the injury sustained by the injured is simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Tariyani P.S. Case No. 181 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T