Umesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14036 of 2024 Arising Out of PS. Case No.-34 Year-2023 Thana- HIRAMMA P.S. District- Sheohar ====================================================== UMESH RAM, Male, aged about 55 years, SON OF BHUTAN RAM RESIDENT OF VILLAGE - HIROUTA, POLICE STATION - HIRAMMA, DISTRICT - SHEOHAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mazharul Hassan, Advocate For the Opposite Party/s :
Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-03-2024 Heard Mr. Mazharul Hassan, learned counsel appearing on behalf of the petitioner and Mr. Rabindra Kumar learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Hiramma P.S. Case No. 34 of 2023 dated 11.04.2023 registered for the offence(s) punishable under Sections 147, 149, 447, 341, 324, 323, 307, 504, 506 and 435 of the Indian Penal Code.
3. As per the allegation made in the FIR, the petitioner and other co-accused persons, named therein, assaulted the informant, his brother and his cousin, as a result of which, they sustained injury.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.14036 of 2024(2) dt.12-03-2024 2/3 petitioner submitted that due to land dispute, an altercation took place and both the sides entered into fierce fight and in the selfdefence, petitioner may have caused some injury on the body of the informant's cousin, without any intention to kill him but the same is falsified, as the informant's cousin has sustained only one injury and the same cannot be attributable to the petitioner taking into consideration that general and omnibus allegation has been made against the petitioner and one other co-accused, Kishori Ram to have assaulted on the head of the cousin of the informant with iron rod. The injury is only one and as such the petitioner deserves benefit of doubt. It is further submitted that similarly situated co-accused Pramod Ram, who is said to have assaulted the informant and his brother, has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 07.02.2024 passed in Cr. Misc. No.3740 of 2024. Petitioner has clean antecedent.
5. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.14036 of 2024(2) dt.12-03-2024 3/3 Sub-Divisional Judicial Magistrate, Sheohar in connection with Hiramma P.S. Case No. 34 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Sanjay/- U T