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Patna High CourtCR. MISC./84077/2023allowed

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

2024-01-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84077 of 2023 Arising Out of PS. Case No.-169 Year-2023 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Harendra Ram @ Harendra Kumar @ Harendra Kumar Ram S/O LATE SOMARU RAM R/V- BHARIGAWA P.S.- KUDRA DIST.- KAIMUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 448, 323, 324, 504, 506, 307, 379, 354 and 34 of the Indian Penal Code .

3. As per F.I.R., the allegation against the petitioner is that he inflicted injury by Garasa on the head of the informant's wife.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. The petitioner and the informant are co-villagers. There is case and counter case between both the parties. So far the injury of the informant's wife is concerned, it does not corroborate the

Patna High Court CR. MISC. No.84077 of 2023(2) dt.05-01-2024 2/2 allegation as made in the F.I.R. As per injury report, there is no sharp or inside cut injury found upon the person rather opinion has come by hard and blunt substance. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 09.10.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Mohania, Kaimur or the concerned court in connection with Kudra P.S. Case No. 169 of 2023.

(Sunil Kumar Panwar, J) lata/- U T