Chhotu Ram @ Chhathu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8686 of 2025 Arising Out of PS. Case No.-340 Year-2024 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.
Chhotu Ram @ Chhathu Ram 2.
Akash Kumar @ Akash Ram.
Both Sons of Dadan Ram 3.
Sarvjeet Kumar @ Sanjeet Ram 4.
Anil Ram.
Both Sons of Late Baban Ram.
All Resident of Vill- Kumhau, P.S.- Shivsagar, District- Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dharmendra Kumar Singh, Advocate For the Opposite Party/s :
Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-03-2025 Heard Mr.Dharmendra Kumar Singh, learned counsel for the petitioners and Mr.Bharat Bhushan, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Shivsagar P.S.Case No.340 of 2024, FIR dated 24.07.2024 registered for the offences punishable under Sections 147,341,323,324,354B,366A,504,427/34 of IPC.
3. The prosecution case, in short, is that on the date of occurrence informant sitting in boundary of temple in the meantime all accused persons came and assaulted them and for saving of informant his wife came then they were also assaulted
2/4 by them and all accused persons taken away the daughter of informant.
4. Learned counsel for the petitioners submits that the petitioners have clean antecedent and they have falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioners have not committed any offence as alleged in the FIR and petitioners have been made accused in the present case merely on the ground that the petitioners are brothers of co-accused person, namely, Ravi Ram and victim was recovered and her statement was recorded under Section 164 Cr.P.C./Section 183 of BNSS,2023 in which she has not stated anything about the petitioners and she has alleged only against co-accused person, namely, Ravi Ram.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, petitioners have clean antecedent and victim has not stated anything about the petitioners and petitioners have been made accused in the present case merely on the ground that the petitioners are brother of co-accused person, namely, Ravi Ram, let the
3/4 petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand)each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Shivsagar P.S.Case No.340 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS, 2023 and with other following conditions:- (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below. (II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for
4/4 cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T