Patna High Court - Orders
Ramprit Rai vs The State Of Bihar on 15 March, 2019
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16299 of 2019
Arising Out of PS. Case No.-659 Year-2018 Thana- PUPRI District- Sitamarhi
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Ramprit Rai, Son of Late Chhedi Rai, Resident of Village - Bhitha, P.s.-
Pupari, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Virendra Kumar
For the Opposite Party/s : Mr.Ahmad Ali
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
2 15-03-2019Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 21.12.2018 in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 380, 342, 504, 506 and 354 of the Indian Penal Code.
The prosecution case as per the written report of Nagendra Prasad Yadav submitted to the Station House Officer of Pupri Police Station is to the effect that on 20.12.2018 at 6.00 A.M., all the six FIR named accused persons along with 3-4 unknown persons came near the door of the informant variously armed and co-accused Vijay Kumar assaulted the informant causing injury on his nose, co-accused Bholi Kumari assaulted with an iron rod on the eye of the informant and when son of the Patna High Court CR. MISC. No.16299 of 2019(2) dt.15-03-2019 2/3 informant, Ram Kripal Prasad came to rescue then co-accused Ramkrit Rai assaulted him with Farsa whereas co-accused Chandrakala Devi assaulted him with a sickle causing injury on his both hands and legs It is further alleged that the wife of co- accused Vijay assaulted the informant's with Garasa and co- accused Ramkrit dragged the son of the informant towards his house. It is further alleged that the accused persons took away household articles worth Rs.Two lakhs from the house of the informant.
It is submitted by learned counsel for the petitioner that in the background of land dispute, the accusation has been levelled against the petitioner and only one injury of the informant has been found grievous which is not alleged to have been caused by the petitioner. It is further submitted that the son of the informant has been assaulted by three co-accused persons including the petitioner, injury has been found as three incised injuries and pain on the left side of the chest. It is further submitted that there is a counter version of the occurrence being, Pupri P.S. Case No. 660 of 2018. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP submits that the petitioner is named in Patna High Court CR. MISC. No.16299 of 2019(2) dt.15-03-2019 3/3 the FIR with specific accusation of assault.
Considering the fact that three persons including the petitioner assaulted the son of the informant and a statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Pupri P.S. Case No. 659 of 2018.
(Dinesh Kumar Singh, J) DKS/-
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