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Patna High CourtCR. MISC./79850/2023allowed

Batohi Ram v. The State Of Bihar

2023-12-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79850 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- BAKHTIYARPUR District- Patna ====================================================== Batohi Ram Son Of Kuldeep Ram Resident Of Village - Mogalpura, Dih, P.S.- Bakhtiayarpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for grant of bail in connection with Bakhtiyarpur P.S. Case No. 32 of 2023 registered under sections 341, 323, 325, 307, 379 and 34 of the Indian Penal Code.

As per allegation in the FIR, while the informant was returning from Rajendra Nagar to his home, accused persons who were ambushed in way, started assaulting the informant by means of iron rod and sticks as a result of which informant got fracture in his arm and leg.

Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case due to village politics

Patna High Court CR. MISC. No.79850 of 2023(2) dt.11-12-2023 2/2 and previous grudge. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. Similarly situated other co-accused person has already been granted bail by this Court vide Annexure-2 of this petition. Moreover, the petitioner is languishing in judicial custody since 16.06.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this 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 Bakhtiyarpur P.S. Case No. 32 of 2023 furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM III, Barh, Patna. (Sunil Kumar Panwar, J) shubham/- U T