Satrughan Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.42424 of 2018 (2) dt.20-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42424 of 2018 Arising Out of PS.Case No. -20 Year- 2016 Thana -MUZAFFARPUR RAIL P.S. District- SARAN ======================================================

1. Satrughan Ram s/o Late Ram Chandra Ram, R/o Vill.- Bhaithipur Saraya, P.S.- Saraya, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-07-2018 Heard both sides.

The petitioner apprehends his arrest in Muzaffarpur Rail P.S. Case No.20 of 2016 registered under Sections 147, 148, 149, 435, 427, 341, 342, 323, 504 and 506 of the Indian Penal Code, under Section 27 of the Arms Act and Sections 15, 17, 20 of UAP Act.

The informant alleged that 30-35 persons having armed with different weapons came and assaulted the informant with the butt of gun. The accused persons were claiming themselves to be members of M.C.C. The accused persons also assaulted the employees of M/s Hari Construction and they were inquiring about the Project Manager.

The learned counsel for the petitioner submits that petitioner is not named in the F.I.R.. Name of the petitioner

Patna High Court Cr.Misc. No.42424 of 2018 (2) dt.20-07-2018 figured in the confessional statement of co-accused. Two of the co-accused persons namely Dharmendra Ram and Manoj Ram, whose name also surfaced in the confessional statement of coaccused, have been granted anticipatory bail by the learned Court below on 22.02.2017. The case of the petitioner stands on the better footing. It is further submitted that Sanjay Sahni and Rajiv Sahni have also been granted anticipatory bail vide order passed in Cr. Misc. No.23650 of 2018 and Cr. Misc. No.53352 of 2017 respectively.

Considering the facts aforesaid that the name of the petitioner surfaced in the confessional statement of co-accused and similarly situated accused persons have already been granted anticipatory bail, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate(Railway), Sonepur, Saran in connection with Muzaffarpur Rail P.S. Case No.20 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Saurabh/- (Prabhat Kumar Jha, J) U T