Bipin Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81439 of 2023 Arising Out of PS. Case No.-128 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== Bipin Ram, S/O Puran Ram, R/O Village- Phait, P.S- Basopatti, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Basopatti P.S. Case No. 128 of 2023 for the offences registered under Sections 323, 341, 354(B), 379, 308, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, petitioner along with named accused persons are alleged to have assaulted the informant, his mother and wife. The accused persons also snatched Mangalsutra of the wife of informant and took away documents and cash of Rs. 40,000/-. The specific allegation against the petitioner is that he has given Tengari blow on informant causing injury between nose and forehead.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.81439 of 2023(3) dt.06-02-2024 2/2 petitioner is innocent and has falsely been implicated in this case. There is land dispute between the parties. The informant managed the forged and fabricated injury report and lodged the false case on 02.06.2023 for the alleged occurrence on 08.05.2023 without any explanation. Petitioner has no criminal antecedent. He is in custody since 11.09.2023. Charge-sheet has already been submitted. There is no chance of tampering with the evidence or absconding of the petitioner.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Basopatti P.S. Case No. 128 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T