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Patna High CourtCR. MISC./27075/2021partly allowed disposal

Rakesh Ram v. The State Of Bihar

2021-12-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27075 of 2021 Arising Out of PS. Case No.-155 Year-2020 Thana- JALALPUR District- Saran ====================================================== 1.

Rakesh Ram, S/o Godhan Ram, R/o Village Ashok Nagar, P.S. Jalalpur, District Saran.

2.

Madan Ram, S/o Khedaru Ram, R/o Village Ashok Nagar, P.S. Jalalpur, District Saran.

3.

Sandeep Kumar @ Sandeep Ram, R/o Village Ashok Nagar, P.S. Jalalpur, District Saran.

4.

Bittu Ram, S/o Rama Nand Ram, R/o Village Ashok Nagar, P.S. Jalalpur, District Saran.

5.

Vikash Kumar Ram, S/o Raghunath Ram, R/o Village Ashok Nagar, P.S. Jalalpur, District Saran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Opposite Party/s :

Mr. Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in Jalalpur P.S. Case No.155 of 2020, registered for the offences punishable under Sections 147, 148, 149, 323, 307, 354, 379 and 504 of the Indian Penal Code.

The FIR named accused persons including the petitioners are said to have come at the darwaza of the informant and assaulted the informant and others with sharp

Patna High Court CR. MISC. No.27075 of 2021(2) dt.22-12-2021 2/3 edged weapons.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case. It is further submitted that there is no specific allegation against the petitioners rather the allegations are general and omnibus. It is also submitted that the petitioners have got no criminal antecedent as stated in para 3 of the bail application. Learned APP for the State opposes the prayer for anticipatory bail of the petitioners and submits that there is specific allegation against petitioners no.2 and 4, namely, Madan Ram and Bittu Ram.

Having considered the facts aforesaid, I am not inclined to enlarge petitioners no.2 and 4, namely, Madan Ram and Bittu Ram on anticipatory bail. Accordingly, the prayer for anticipatory bail of petitioners no.2 and 4, namely, Madan Ram and Bittu Ram is rejected.

So far as the case of petitioners no.1, 3 and 5, namely, Rakesh Ram, Sandeep Kumar @ Sandeep Ram and Vikash Kumar Ram are concerned, considering that there is no specific allegation against petitioners no.1, 3 and 5, namely, Rakesh Ram, Sandeep Kumar @ Sandeep Ram and Vikash Kumar Ram, let petitioners no.1, 3 and 5, namely, Rakesh Ram, Sandeep

Patna High Court CR. MISC. No.27075 of 2021(2) dt.22-12-2021 3/3 Kumar @ Sandeep Ram and Vikash Kumar Ram, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-13, Saran, Chapra in connection with Jalalpur P.S. Case No.155 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U