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Patna High CourtCR. MISC./22685/2023bail granted

Vijay Ram v. The State Of Bihar

2023-06-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22685 of 2023 Arising Out of PS. Case No.-44 Year-2022 Thana- BALTHAR District- West Champaran ====================================================== 1.

VIJAY RAM SON OF PREM SHANKAR RAM @ UDHO RAM RESIDENT OF VILLAGE- ARYANAGAR, PS- BALTHAR, DISTTWEST CHAMPARAN 2.

JAY MANGAL RAM SON OF LATE PURAT RAM RESIDENT OF VILLAGE- ARYANAGAR, PS- BALTHAR, DISTT- WEST CHAMPARAN 3.

RADHA RAM SON OF LATE RAM CHANDRA RAM RESIDENT OF VILLAGE- ARYANAGAR, PS- BALTHAR, DISTT- WEST CHAMPARAN 4.

BABITA DEVI WIFE OF AMERIKA SAH RESIDENT OF VILLAGEARYANAGAR, PS- BALTHAR, DISTT- WEST CHAMPARAN 5.

SANDHYA DEVI WIFE OF CHANDRIKA SAH RESIDENT OF VILLAGE- ARYANAGAR, PS- BALTHAR, DISTT- WEST CHAMPARAN 6.

AMERIKA SAH SON OF RAM PARSAN SAH RESIDENT OF VILLAGE- ARYANAGAR, PS- BALTHAR, DISTT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case in connection with Balthar P.S. Case No. 44 of 2022 dated

Patna High Court CR. MISC. No.22685 of 2023(2) dt.24-06-2023 2/3 20.3.2022 registered for the offences punishable u/s 147, 148, 149, 341, 323, 337, 338, 353, 186, 188 of the Indian Penal Code.

As per the prosecution's case, 373 FIR named persons including these petitioners and 100 unknown persons resorted to blockage of road and committed violence with the police party in protest of death of one person.

Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The present case has been registered due to the dirty village politics. The co-accused persons have already been granted anticipatory bail by the Coordinate Bench of this Court vide order dated 6.12.2022 passed in Cr. Misc. No. 46002 of 2022 and Cr. Misc. No. 47506 of 2022. The petitioners are accused in one more criminal case as stated in para 3 of the bail petition. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs.

Patna High Court CR. MISC. No.22685 of 2023(2) dt.24-06-2023 3/3 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Bettiah, West Champaran in connection with Balthar P.S. Case No. 44 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T