Chatthu Ram @ Chotu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4608 of 2020 Arising Out of PS. Case No.-288 Year-2018 Thana- SAHPUR District- Bhojpur ====================================================== 1.

Chatthu Ram @ Chotu Ram Son of Narad Ram Resident of Village - Gopalpur, P.S.- Shahpur, District - Bhojpur 2.

Amarjeet Ram Son of Amawash Ram Resident of Village - Gopalpur, P.S.- Shahpur, District - Bhojpur 3.

Kariman Ram @ Sanjit Ram Son of Amawash Ram Resident of Village - Gopalpur, P.S.- Shahpur, District - Bhojpur 4.

Vijay Shankar Ram @ Badak Ram Son of Purnmasi Ram Resident of Village - Gopalpur, P.S.- Shahpur, District - Bhojpur 5.

Jhumlal Ram @ Jhamlal Ram @ Sandeep Ram Son of Purnmasi Ram Resident of Village - Gopalpur, P.S.- Shahpur, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar,Adv.

For the Opposite Party/s :

Mr. Lalan Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 324, 341, 307/34 of the Indian Penal Code.

The prosecution case as per the fardbeyan of Pandit Yadav recorded by Ram Anuj Singh, S.I., Town P.S. on 04.09.2018 at 6:00 P.M., is to the effect that on 04.09.2018, the

Patna High Court CR. MISC. No.4608 of 2020(2) dt.29-02-2020 2/3 petitioners were grazing their cattle in the crop field of the informant. On being protest, they all assaulted the informant on his head with lathi, danda causing bleeding injury. It is submitted by learned counsel for the petitioners that the injury has been found simple in nature and there is a counter version of the occurrence being Shahpur P.S. Case No. 279 of 2018 registered under Section 354B of the Indian Penal Code and Sections 3(1)(r)(w)(1)(b) of SC/ST (Prevention of Atrocities) Act. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Learned A.P.P. submits that the petitioners are named in the F.I.R. with specific accusation.

Considering the accusation being omnibus and general levelled in the background of grazing of cattle and injury being found simple in nature, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in event of arrest or surrender within 12 weeks on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate,

Patna High Court CR. MISC. No.4608 of 2020(2) dt.29-02-2020 3/3 Bhojpur at Ara, in connection with Shahpur P.S. Case No. 288 of 2018, subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Rahul/Gautam U T