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Patna High CourtCR. MISC./84368/2023allowed

Ram Pravesh Ray @ Pampravesh Ray v. The State Of Bihar

2024-01-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84368 of 2023 Arising Out of PS. Case No.-154 Year-2021 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Ram Pravesh Ray @ Pampravesh Ray Son Of Late Ramdas Ray Resident Of Village Sirdilpur, Police Station- Patori, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 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 341, 323, 325, 307, 447, 504, 506/34 of the Indian Penal Code.

3. As per allegation in the FIR, when the informant on his land, the accused persons came there and started constructing wall on his land and same was objected by son of the informant, then all the accused persons started to assault him with sawal and bamboo. The petitioner assaulted the informant and his son on their head causing injury and they became unconscious. It is further alleged that all the accused persons also assaulted the granddaughter and grandson with fists and slaps.

4. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.84368 of 2023(2) dt.08-01-2024 2/2 has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. The F.I.R. has been lodged after the delay of 4 days without assigning any reasonable explanation. The petitioner and the informant are pattidar and they have land dispute, as such the informant in order to settle the land dispute falsely alleges that he and his father were assaulted. There is no repeated blow was caused by the petitioner nor serious injury found on the person of informant and injury of the informant's son is simple in nature. Petitioner is languishing in judicial custody since 05.10.2023.

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 Judicial Magistrate 1st Class, Samastipur in connection with Patory P.S. Case No.154 of 2021.

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