Daya Ram And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5117 of 2017 Arising Out of PS.Case No. -1127 Year- 2016 Thana -BHABHU(KAIMUR) COMPLAIN C District- BHABHUA (KAIMUR) ======================================================

1. Daya Ram, S/o Late Vikrama Ram.

2. Jagdish Ram @ Jagdish, S/o Ram Nath Ram.

3. Nand Lal Ram @ Nandlal, S/o Late Vikaram Ram.

4. Dhiraj Ram @ Dhiraj, S/o Late Vikrama Ram. All resident of Village- Badaura, P.S.- Shabganj, District- Chandauli, State- U.P.

.... .... Petitioners.

Versus

1. The State of Bihar.

2. Ranjay Kumar Singh, S/o Shri Surendranath Singh, R/o VillageBagchhara, P.S.- Chand, District- Kaimur at Bhabua. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Prabhakar Singh, Advocate. For the State : Mr. Kumar Sunil, Advocate. For the Complainant/ O.P. No.2 : Mr. Kumar Virendra Narayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 04-04-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State as also the learned counsel for the complainant/opposite party no.2.

The petitioners apprehend their arrest in connection with Complaint Case No.1127 of 2016 registered under Sections 341, 323, 392, 395 and 506/34 of the Indian Penal Code besides Section 27 of the Arms Act, pending in the court of Shri Virendra Prasad, Judicial Magistrate, First Class, Bhabua.

The accusation is that on 13.10.2016, the complainant/opposite party no.2 Ranjay Kumar Singh alongwith Niraj Kumar Singh, after

Patna High Court Cr.Misc. No.5117 of 2017 (3) dt.04-04-2017 2/2 withdrawing cash Rs.20,000/-, from the Punjab National Bank, Karvanida Branch, was returning to his village, boarding on the motorcycle. In the way, five persons snatched the bag from the hand of the complainant/opposite party no.2 on the point of pistol giving threatening. At that time, Mithilesh Singh and Janardan Singh disclosed the complainant/opposite party no.2 the name of five persons, who fled away from the place of occurrence, as Daya Ram, Jagdish Ram, Nandlal Ram, Dhiraj Ram (petitioners) and Diwakar Ram. Learned counsel appearing on behalf of the petitioners submits that, in fact, Satyendra Ram, the son of the petitioner no.2 Jagdish Ram alias Jagdish, had lodged Eiliya P.S. Case No.

35 of 2016 against Mithilesh Singh and one another, due to that reason, Mithilesh Singh managed to implicate the petitioners in the present case. Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer of the petitioners for grant of anticipatory bail stands rejected. However, the petitioners are directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T