Ravi Ranjan Ojha vs The State Of Bihar
2021 Latest Caselaw 3358 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 23823 of 2021
          Arising Out of PS Case No.-314 Year-2020 Thana- SIMRI District- Buxar
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Ravi Ranjan Ojha, aged about 25 years, Male Son of Siyaram Ojha (wrongly mentioned as son of Santosh Ojha as in accused column) in F.I.R. Resident of Village-Badka Sinhanpura, PS-Simri, District-Buxar.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

 For the Petitioner/s     :        Mr. Anil Kumar Roy, Advocate
 For the State            :        Mr. Rajeev Nayan, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 13-07-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the petitioner on

07.07.2021, which was allowed.

3. Heard Mr. Anil Kumar Roy, learned counsel for the

petitioner and Mr. Rajeev Nayan, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with

Simri PS Case No. 314 of 2020 dated 12.10.2020, instituted under

Sections 341, 323, 324, 357, 338, 307, 504 and 506/34 of the

Indian Penal Code.

Patna High Court CR. MISC. No.23823 of 2021 dt.13-07-2021

5. The allegation against the petitioner and others is of

assault on the informant and another person. However, specifically

against the petitioner is of assault by sword on the head causing

injury.

6. Learned counsel for the petitioner submitted that the

parties are agnates and there is land dispute between them. It was

submitted that on the said date, there was fight between both the

sides for which there is also a counter case from the side of the

petitioner. Learned counsel submitted that though in the FIR, there

is specific allegation of assault by sword on the head, but in the

injury report, only lacerated wound has been found on the head

and there is no evidence of any sharp cut weapon being used. It

was submitted that the injured was referred for NCCT of brain and

X-ray of right elbow and right leg and upon the same, no fracture

or damage to the skull has been found and also no fracture has

been found. Thus, it was submitted that the allegation of assault by

sword on head stands falsified. Learned counsel submitted that

two persons are said to have been injured from the side of the

informant whereas in the case lodged from the side of the

petitioner, about 5-6 persons have been injured and on them also

similar types of injuries have been found. It was submitted that on

the spur of the moment something happened, but the allegation Patna High Court CR. MISC. No.23823 of 2021 dt.13-07-2021

has been blown out of proportion and is incorrect. Learned

counsel submitted that the petitioner has no criminal antecedent.

7. Learned APP submitted that the allegation against the

petitioner is of assault by sword on the head. However, he could

not controvert that the injury report discloses that there is no

damage to the skull after NCCT of brain and that only lacerated

wound has been found on the head.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Buxar in Simri PS Case No.

314 of 2020, subject to the conditions laid down in Section 438(2)

of the Code of Criminal Procedure, 1973 and further, (i) that one

of the bailors shall be a close relative of the petitioner, (ii) that the

petitioner and the bailors shall execute bond with regard to good

behaviour of the petitioner, and (iii) that the petitioner shall also

give an undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Patna High Court CR. MISC. No.23823 of 2021 dt.13-07-2021

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

9. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T