Allowed

Ajay Ram v. The State of Bihar

Patna HC11 Aug 2022CR. MISC./15900/2022

Case brief

AI extract

What is this about?

In an anticipatory bail application under section 438 CrPC, the High Court granted the petitioner bail on release or arrest, citing that a similarly situated co-accused was already released. The petitioner alleged false implication by village politics.

What did the court decide?

Petitioner released on bail upon arrest or surrender within six weeks, on furnishing bail bond of Rs. 25,000 with two sureties of like amount, subject to conditions of Section 438(2) CrPC.

Ajay Ram Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15900 of 2022

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Arising Out of PS. Case No.-128 Year-2021 Thana- RAGHOPUR District- Vaishali

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======================================================

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AJAY RAM S/o Dinesh Ram R/o Fatehpur Naykapari, P.S.- Raghopur, DisttVaishali.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Nityanand Kumar, Adv For the Opposite Party/s : Mr. Md. Aslam Ansari, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 11-08-2022 Heard learned counsel for the petitioner and learned APP

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for the State.

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Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

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The petitioner apprehends his arrest in a case registered for the offence punishable under section 341, 323, 307, 325, 448, 504, 506/34 of the IPC.

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Allegedly, the petitioner along with other accused persons assaulted the informant’s side by means of several weapons due to which they sustained injuries.

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It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

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Patna High Court CR. MISC. No.15900 of 2022(2) dt.11-08-2022 2/3

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has been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. There is a case and counter-case between the parties and both sides sustained injuries. He submits that there is specific allegation against coaccused Dinesh Ram who assaulted the informant in which the injury found upon the informant is grievous in nature. Similarly situated co-accused has been granted bail by this court in Cr. Misc. No. 11119 of 2022 dated 03.08.2022. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

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Learned APP for the State opposed the prayer for anticipatory bail.

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Having regard to the facts and circumstances of the case, since similarly situated co-accused has been granted by this court, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned

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Patna High Court CR. MISC. No.15900 of 2022(2) dt.11-08-2022 3/3

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court below where the case is pending/Successor Court in Raghopur P.S. Case No.128 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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shikha/-

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U T

Ajay Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ajay Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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