Jairam Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4282 of 2019 Arising Out of PS. Case No.-40 Year-2018 Thana- FESHAR District- Aurangabad ======================================================

1. Jairam Ram @ Jiram Kumar

2. Jugal Ram @ Yugal Ram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-03-2019 Heard the parties.

The petitioners seek anticipatory bail in connection with Fesar P.S.Case No. 40 of 2018, registered for offences punishable under Sections 147, 148, 149, 188 341, 323, 386, 504 and 506 of the Indian Penal Code.

As per F.I.R., allegation against the petitioners is that the informant and his Bataidar prepared land for paddy transplantation meanwhile, the petitioners along with other accused persons came variously armed and demanded Rs. One lac as a levy, on which his Bataidar started crying and thereafter, they assaulted them and forcibly disposssessed the informant from the land.

Submission of learned counsel for the petitioners is that the land was in the name of the father of petitioner No. 2

Patna High Court CR. MISC. No.4282 of 2019(5) dt.11-03-2019 2/3 and there was land dispute prevailing between the informant and father of petitioner No. 2 and the dispute was settled by this Court in C.W.J.C. No. 15665 of 2006 in favour of informant and the entire allegation against the petitioners are false and concocted. It is further submitted that they were living separately from his father and have no concern with the said land and the petitioners have no criminal antecedent. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Fesar P.S.Case No. 40 of 2018, to the satisfaction of learned Chief Judicial Magistrate, Aurangabad (Bihar ), subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) sudha/- U T

Patna High Court CR. MISC. No.4282 of 2019(5) dt.11-03-2019 3/3