Raja Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21869 of 2025 Arising Out of PS. Case No.-243 Year-2024 Thana- FATUA District- Patna ====================================================== 1.
Raja Ram aged about 60 years (Male), son of Ram Ishwar Singh 2.
Dharmendra Kuamr aged about 29 years, Male, Son of Raja Ram, Both Resident of Village- Surangapar(Sarangapar), P.S. - Fatuha, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binoy Kumar, Advocate For the Opposite Party/s :
Mr. Khurshid Anwar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-04-2025 Heard Mr. Binoy Kumar, learned counsel appearing on behalf of the petitioners and Mr. Khurshid Anwar, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Fatuha P.S. Case No. 243 of 2024 arising out of G.R. No. 1779 of 2024 registered for the offence punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the allegation made in the FIR, petitioners along with other co-accused persons, had opened fire upon the husband of the informant with an intention to kill him, due to which, the husband of the informant had sustained injuries on his chest and stomach.
Patna High Court CR. MISC. No.21869 of 2025(2) dt.23-04-2025 2/3
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. General and omnibus allegation has been levelled against the petitioners. Specific allegation is against co-accused Mithilesh Kumar, Akhilesh Kumar and Ranjan Kumar, who had fired on the chest, stomach and waist of the husband of the informant. Petitioners and informant are agnate and due to previous enmity, the petitioners have been roped in a false case. Petitioners have clean antecedent. On these grounds, petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf of the parties, as well as, the fact that general and omnibus allegation has been levelled against the petitioners. Specific allegation is against co-accused Mithilesh Kumar, Akhilesh Kumar and Ranjan Kumar, who had fired on the chest, stomach and waist of the husband of the informant. Petitioners have clean antecedent. I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
Patna High Court CR. MISC. No.21869 of 2025(2) dt.23-04-2025 3/3 released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four 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 learned A.C.J.M.-II, Patna City, in connection with Fatuha P.S. Case No. 243 of 2024 arising out of G.R. No. 1779 of 2024, subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023.
8. The learned District Court is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T