Surendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4602 of 2023 Arising Out of PS. Case No.-185 Year-2017 Thana- PAHARPUR District- East Champaran ====================================================== 1.

SURENDRA RAM Son of Bandhu Ram Resident of Village- Sareya Dubey Tola, P.S.- Paharpur, District- East Champaran 2.

VINOD RAM Son of Bandhu Ram Resident of Village- Sareya Dubey Tola, P.S.- Paharpur, District- East Champaran 3.

RAJESH RAM Son of Bhola Ram Resident of Village- Sareya Dubey Tola, P.S.- Paharpur, District- East Champaran 4.

ASHOK RAM Son of Chirkut Ram Resident of Village- Sareya Dubey Tola, P.S.- Paharpur, District- East Champaran 5.

PUJA DEVI Wife of Vinod Ram Resident of Village- Sareya Dubey Tola, P.S.- Paharpur, District- East Champaran 6.

SONA KUNWAR Wife of Late Bhola Ram Resident of Village- Sareya Dubey Tola, P.S.- Paharpur, District- East Champaran 7.

SHARDA KUNWAR Wife of Bandhu Ram Resident of Village- Sareya Dubey Tola, P.S.- Paharpur, District- East Champaran 8.

MINA DEVI Wife of Rajesh Ram Resident of Village- Sareya Dubey Tola, P.S.- Paharpur, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 427, 448, 379, 504, 506 of the IPC.

As per the prosecution case, the F.I.R. named accused

Patna High Court CR. MISC. No.4602 of 2023(2) dt.06-04-2023 2/3 persons, including the petitioners, armed variously entered into the house of the informant and indiscriminately assaulted the informant's side.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have 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 petitioners is not specific rather general and omnibus in nature. It is submitted that only injury of the informant is on the record, whereby the Doctor has found the injuries as simple in nature. This fact is also clear from the impugned order and there is a compromise between the parties. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned court below

Patna High Court CR. MISC. No.4602 of 2023(2) dt.06-04-2023 3/3 where the case is pending/Successor Court in connection with Paharpur P.S. Case No.185 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T