Bhikhari Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18467 of 2023 Arising Out of PS. Case No.-263 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.
BHIKHARI RAM SON OF LATE AKALU RAM RESIDENT OF VILLAGE - JAMLA, P.S. - MUFFASIL, DISTT. - EAST CHAMPARAN 2.
BIJALI RAM SON OF LATE BANARSI RAM RESIDENT OF VILLAGE - LOKSA, P.S. - MUFFASIL, DISTT. - EAST CHAMPARAN ... ... Petitioners.
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bal Govind Sharma For the Opposite Party/s :
Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379 & 504/34 of the Indian Penal Code. While the informant was returning with Rs.5000/- from one Ajay Singh for treatment of his wife, the petitioners are said to have snatched his money and also assaulted him with knife. They also pressed his neck.
It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to dirty
Patna High Court CR. MISC. No.18467 of 2023(3) dt.03-07-2023 2/2 village politics. The injury sustained by the victim is simple in nature. There is inordinate and abnormal delay of 11 days in lodging the F.I.R. without assigning any plausible and convincing reason for the said delay, which creates serious doubt about the prosecution case. Petitioner no.1 has one criminal antecedent, whereas Petitioner no.2 has no criminal antecedent, as mentioned in para-3 of this application. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Muffasil P.S. Case No.263 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T