Guddu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15226 of 2020 Arising Out of PS. Case No.-476 Year-2019 Thana- DHANARUA District- Patna ====================================================== 1.

Guddu Ram, aged about 35 years, Male, Son of Amrendra Ram @ Amendra Ram, Resident of Village - Armal, P.S.- Dhanarua, District Patna. 2.

Sonu Ram, aged about 30 years, Male, Son of Amrendra Ram @ Amendra Ram, Resident of Village - Armal, P.S.- Dhanarua, District Patna. 3.

Mitranjan @ Mitranjan Kumar, aged about 21 years, Male, Son of Amrendra Ram @ Amendra Ram Resident of Village Armal, P.S. Dhanarua, District Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajanan Mishra For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-09-2020 Heard Mr. Gajanan Mishra, learned counsel for the petitioners and Mr. Manoj Kumar, learned Additional P.P. through video conferencing.

The petitioners apprehend their arrest in Dhanarua P.S. Case No.476 of 2019, registered under Sections 323, 324, 307, 341, 342, 379 and 34 of the Indian Penal Code. The informant alleged that his brother rang him that all the three accused persons surrounded him and they assaulted the brother of the informant. Having received the information, the informant went to the place of occurrence but the accused persons after leaving his brother began to assault the informant.

Patna High Court CR. MISC. No.15226 of 2020(2) dt.07-09-2020 2/3 Mitranjan assaulted the informant with butt of rifle and Guddu assaulted him with lathi on his head. The accused persons snatched money and other articles, such as, chain, made of gold and Sonata watch from the brother of the informant. Learned counsel for the petitioners submits that the petitioners are innocent and they have in fact committed no offence. True facts are that the informant runs a service centre. Account of the son of Guddu Ram is in Allahabad bank and when the petitioners went to withdraw the money from the account of son of Guddu Ram, the informant demanded commission for which some altercation took place and for that from the side of the petitioner Dhanarua P.S. Case No.513 of 2019 was registered on 05.12.2019, therefore, the petitioners deserve anticipatory bail.

The learned Additional P.P. opposed the prayer for anticipatory bail.

It appears that the informant made specific allegation that all the three petitioners who happen to be own brother firstly assaulted his brother and when he went to save his brother, all the accused persons-petitioners assaulted the informant with butt of a rifle and lathi and also snatched chain and watch from his brother, only because the informant did not

Patna High Court CR. MISC. No.15226 of 2020(2) dt.07-09-2020 3/3 hand over his land to the petitioners for planting potato. The case from the side of the petitioners was lodged only after more than four weeks from the date of institution of the present case. Taking into consideration the facts and nature of allegations made against the petitioners, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected. (Prabhat Kumar Jha, J) S.KUMAR/- U T