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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17488 of 2025 Arising Out of PS. Case No.-549 Year-2024 Thana- MAHARAJGANJ District- Siwan ====================================================== Rambabu Ram Son of Chandrama Ram Resident of Khedu Chapra, P.S. - Maharajganj, District - Siwan, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhijeet Abhigyan,Adv. For the Opposite Party/s : Mr.Vinod Shanker Modi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 02-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 02. In the present case, the petitioner is apprehending his arrest in connection with Maharajganj P.S. Case No. 549 of 2024 registered for the alleged offences under Section 115(1), 126(2), 118, 109, 303(2), 351(1), 352, 3(5) of the B.N.S.
03. As per prosecution case, in the purchased land of the informant, the petitioner alongwith other co-accused persons started uprooting the crop. The petitioner assaulted the informant with farsa causing injury on her head. When the daughter and husband of the informant came for her rescue they were also assaulted with lathi, rod and farsa by petitioner and other co- accused persons. The assailants also took away a jwellery box containing ornaments of gold and silver worth Rs. 2 lakh. The
Patna High Court CR. MISC. No.17488 of 2025(2) dt.02-04-2025 2/3 occurrence took place in the background of the fact that the learned Sub Judicial Magistrate, Maharajganj ordered in favour of the informant side. 04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The parties are co- villagers and there is land dispute between them. On the date of occurrence, a fight started between the ladies of both the family over petty issue and the informant lodged this present FIR. For the brutal assault of Gulabo Devi and her family members, Gulabo Devi lodged Maharajganj P.S. Case No. 550 of 2024 which is counter version of the present case. Though there is specific allegation that the petitioner gave farsa injury to the informant but the injury suffered by the informant shows simple injury which is a lacerated wound and this falsifies the allegation of use of farsa by the petitioner against the informant. The petitioner has got clean antecedent. 05.
Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioner. Learned A.P.P. submits that there is specific allegation against the petitioner that he gave farsa blow on the head of the informant. 06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the clean
Patna High Court CR. MISC. No.17488 of 2025(2) dt.02-04-2025 3/3 antecedent of the petitioner, simple nature of injuries of the informant and case and counter case between the parties and probability of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Court of learned J.M.F.C., Siwan in connection with Maharajganj P.S. Case No. 549 of 2024, subject to the condition laid down under Section 482(2) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. Anuradha/- (Arun Kumar Jha, J) U T