Allowed

Dharmendra Ram @ Baskuli Ram v. The State of Bihar

Patna HC2 Sept 2022CR. MISC./37416/2022

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner in a criminal case involving assault, attempt to murder, and harboring offenses. The court noted disputes regarding the informant's testimony and lack of breath analyzer reports, directing the petitioner's release subject to standard bail conditions upon charge-framing.

What did the court decide?

The petitioner is directed to be released on bail upon furnishing a bond of Rs. 20,000/- with two sureties, subject to conditions including appearance dates and charge-framing.

Dharmendra Ram @ Baskuli Ram Vs The State of Bihar — Cheating and Forgery | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37416 of 2022

¶2

Arising Out of PS. Case No.-135 Year-2022 Thana- MOHANIYA District- Kaimur (Bhabua)

¶3

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

¶4

Dharmendra Ram @ Baskuli Ram, Son Of Late Bagedan Ram, Resident of Village- Kathej, P.S.- Mohania, District- Kaimur At Bhabhua.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Dr. Kislay, Advocate For the Opposite Party/s : Mr. Rana Randhir Singh, APP ======================================================

¶8

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

¶9

2 02-09-2022

¶10

Heard learned counsel for the petitioner and learned

¶11

APP for the State through video conferencing.

¶12

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect.

¶13

In the present case, the petitioner seeks bail in connection with Mohania P.S. Case No. 135 of 2022 registered for the alleged offences under Sections 341, 323, 307, 447, 504, 506 and 34 of the Indian Penal Code and Section 37(i)(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

¶14

As per prosecution case, the petitioner in drunken condition came to the house of the informant and started swearing. When the father of the informant forbade him from doing so, he left but again came with other co-accused persons and assaulted the father of the informant with lathi and danda,

¶15

Patna High Court CR. MISC. No.37416 of 2022(2) dt.02-09-2022 2/3

¶16

causing fracture on his head and the father of the informant became unconscious. The petitioner fell down while trying to run away.

¶17

The learned counsel for the petitioner submits that from the FIR it is apparent that the informant is not an eyewitness. When his father was being abused and assaulted, if he was present there, he would have intervened but this is not the case. No sign of petitioner being in drunken condition was found as the petitioner was examined by the doctor but no breath analyzer report has been brought on record. The petitioner has sustained grievous head injury in the hand of the informant side and the informant in order to save his skin has lodged the present FIR with false and concocted facts. Father of the informant fell down in a drain while cerebrating holi and received injury. The petitioner is in custody since 19.03.2022 and the charge-sheet has been submitted in this case.

¶18

Learned APP opposes the prayer for bail submitting that due to assault by the petitioner and other co-accused persons two grievous injuries have been caused on the father of the informant and one of them is on his head, which is a fracture.

¶19

Having regard to the submissions made hereinabove and considering the submission of charge-sheet along with his

¶20

Patna High Court CR. MISC. No.37416 of 2022(2) dt.02-09-2022 3/3

¶21

period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-special Judge, Excise, Kaimur at Bhabhua, in connection with Mohania P.S. Case No. 135 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

¶22

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

¶23

(ii) One of the bailors will be the deponent, who has sworn the affidavit.

¶24

(iii) The petitioner will remain present on each and every date fixed by the court below.

¶25

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

¶26

(Arun Kumar Jha, J)

¶27

balmukund/-

¶28

U T

Dharmendra Ram @ Baskuli Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dharmendra Ram @ Baskuli Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Krishna Mahto Vs the State of Bihar

Rambharos Jha @ Rambharosi Jha Vs The State of Bihar

Umakant Gupta Vs The State of Bihar

Lakhbindra Singh Vs The State of Bihar

Saiful @ Siful Vs the State of Bihar

Nirala Kumar Vs The State of Bihar