Patna High Court – Orders
Ram Chandra Kuwar @ Ram Chandra Kumar vs The State Of Bihar on 18 June, 2025
Author: Khatim Reza
Bench: Khatim Reza
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37563 of 2025 Arising Out of PS. Case No.-109 Year-2024 Thana- MAHISHI District- Saharsa ====================================================== Ram Chandra Kuwar @ Ram Chandra Kumar, aged about 60 years, Gender- Male, son of Late Jageshwar Kuwar, resident of Village- Tarhi, PS- Mahishi, District- Saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate Ms. Kumari Rashmi, Advocate Mr. Deepak Kumar Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 18-06-2025
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Mahishi (Jalai OP) PS Case No.109 of 2024 dated 22.04.2024,
instituted for the offence punishable under Sections 147, 148,
341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.
3. The prosecution case, in brief, is that on the alleged
date and time of occurrence accused persons including the
petitioner having armed with sharp weapon surrounded the
informant and gave deadly blow on the person of the informant
on account of the fact that the accused persons were not invited
by the informant in the function of Janeu of the informant’s
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grandson. It is further alleged that co-accused Prit Kumar gave
farsa blow to the informant on his head and co-accused Prince
assaulted the informant’s grandson by means of bricks. Further
co-accused Krit Kumar assaulted the daughter-in-law of the
informant on her leg by means farsa. The petitioner is alleged to
have snatched rupees forty thousand from the daughter-in-law
of the informant.
4. Learned counsel for the petitioner submits that
there is specific allegation against co-accused Prit Kumar and
Krit Kumar that they assaulted the informant on his head by
means of farsa and daughter-in-law of the informant on her leg
respectively. There is no specific allegation of assault against
the petitioner. Allegation against the petitioner of snatching
rupees forty thousand from the daughter-in-law of the informant
is ornamental. Further submission is that there is case and
counter case between the parties. Counter being has been lodged
by the wife of the petitioner against the informant and others
vide Mahishi (Jalai OP) PS Case No.110 of 2024. Further
submission is that co-accused Krit Kumar Sittu @ Krit Kumar
has been granted anticipatory bail by a co-ordinate Bench of this
Court vide order dated 07.05.2025 passed in Cr. Misc. No.28086
of 2025. Lastly, it is submitted that the petitioner is in custody
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since 09.03.2025 and three cases are pending against the
petitioner.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the CJM, Saharsa, in Mahishi (Jalai
OP) PS Case No.109 of 2024.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
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