Anish Kumar Ram @ Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9714 of 2020 Arising Out of PS. Case No.-289 Year-2019 Thana- ROSERA District- Samastipur ====================================================== 1.

ANISH KUMAR RAM @ ANISH KUMAR Son of Vijay Kumar Ram 2.

Manish Kumar Ram @ Manish Kumar Son of Shambhu Ram. 3.

Vijay Kumar Ram Son of Late Shivjee Ram all Resident of Village - Kariyan, Ward No.05, P.S.- Rosera, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-09-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 307, 323, 341, 354(B), 379, 448, 504 and 506 of the Indian Penal Code.

Prosecution case as lodged by the informant is that on 13.09.2019, in the evening, when the informant was sitting at his door in the meantime, altogether 8 named accused including the petitioners surrounded the informant and brutally assaulted by iron rod, pistol etc. On the alarm raised by the informant, his wife Hemanti Devi came for his rescue whereupon co-accused Parmila Devi and Anish Kumar Ram are said to have assaulted

Patna High Court CR. MISC. No.9714 of 2020(3) dt.07-09-2020 2/2 with lathi and thereafter all the named accused entered into the house of the informant. It is also alleged that co-accused Vijay Kumar Ram gave farsa blow on the head of Priti Kumar as a result, she sustained serious injury.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case. He submits that there is land dispute between the parties. He submits that injury report concerning wife of the informant is simple in nature. He submits that occurrence took place on account of petty issue between both the family members which into scuffle in which persons from both sides sustained superficial injuries. He further submits that petitioners bear no criminal antecedent.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, their payer for anticipatory bail is rejected in connection with Rosera P.S. Case No. 289 of 2019 from the court of the learned Additional Chief Judicial Magistrate-1, Rosera, Samastipur.

Accordingly, the application is dismissed.

devendra/- (Anjani Kumar Sharan, J) U T