Panna Lal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85535 of 2023 Arising Out of PS. Case No.-274 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== PANNA LAL RAM S/O LATE MOHAN RAM R/O VILLAGEDHUMNAGAR, NONIARWA, WARD NO. 29, ,P.S- NAUTAN, DISTT.- WEST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Kirti For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 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 307, 302/34 of the Indian Penal Code.

3. According to the prosecution, on 6.7.2023 some altercation took place between the accused persons and the informant due to which, this petitioner gave dabiya blow on head of the informant as a result of which, he sustained injury. When his son namely, Shalu Kumar went to save his father, coaccused Vikash Kumar stabbed him by means of knife due to which he succumbed to injury.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.85535 of 2023(2) dt.10-01-2024 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is submitted that the allegation against this petitioner is to assault the informant Sanjay Ram whose nature of injury is simple which is evident from Annexure P/1. The specific overt-act of stabbing the deceased Shalu Kumar is attributed against co-accused Vikash Kumar not against this petitioner. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 7.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Nautan P.S. Case No. 274 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bettiah at West Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T