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Patna High CourtCR. MISC./84727/2023allowed

Ramesh Das @ Bhim Das v. The State Of Bihar

2024-03-19Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84727 of 2023 Arising Out of PS. Case No.-191 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== RAMESH DAS @ BHIM DAS SON OF LATE SASHI NATH DAS RESIDENT OF VILLAGE - HARIJAN TOLA, SABOUR, P.S. - SABOUR, DISTRICT - BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 448, 341, 323, 147, 148, 307, 324, 325, 504, 506, of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner and co-accused persons is that they came at the house of the informant and started assaulting him and his son by means of rod and hasia due to which hand of the petitioner got fractured and his son sustained head injuries. It is further

Patna High Court CR. MISC. No.84727 of 2023(3) dt.19-03-2024 2/3 alleged that co-accused persons also assaulted his family members.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to dirty village politics. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. There is no specific allegation levelled against the petitioner rather general and omnibus allegation levelled against him. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 18.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sabour P.S. Case No. 191 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.84727 of 2023(3) dt.19-03-2024 3/3 learned Chief Judicial Magistrate, Bhagalpur. (Sunil Kumar Panwar, J) manishkumar/- U T