Vikki Ram @ Shashi Kant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22703 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.
VIKKI RAM @ SHASHI KANT KUMAR SON OF MADAN RAM RESIDENT OF VILLAGE - GURUDAS MATHIYA, HARIJAN TOLA, P.S. - BUXAR (MUFFASIL), DISTT. - BUXAR 2.
SHASHI RAM @ BOTAL RAM SON OF MADAN RAM RESIDENT OF VILLAGE - GURUDAS MATHIYA, HARIJAN TOLA, P.S. - BUXAR (MUFFASIL), DISTT. - BUXAR 3.
RINKI RAM @ RIKI RAM @ SATYENDRA KUMAR SON OF MADAN RAM RESIDENT OF VILLAGE - GURUDAS MATHIYA, HARIJAN TOLA, P.S. - BUXAR (MUFFASIL), DISTT. - BUXAR 4.
AJEET RAM @ AJEET KUMAR RAM SON OF MADHU RAM RESIDENT OF VILLAGE - GURUDAS MATHIYA, HARIJAN TOLA, P.S. - BUXAR (MUFFASIL), DISTT. - BUXAR 5.
LALLU RAM @ LALLU KUMAR RAM SON OF BHULI RAM RESIDENT OF VILLAGE - GURUDAS MATHIYA, HARIJAN TOLA, P.S. - BUXAR (MUFFASIL), DISTT. - BUXAR 6.
SUREMAN RAM @ RAJENDRA PRASAD RESIDENT OF VILLAGE - GURUDAS MATHIYA, HARIJAN TOLA, P.S. - BUXAR (MUFFASIL), DISTT. - BUXAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Setu Prateek For the Opposite Party/s :
Mr.Ram Anurag 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.
2/4 The petitioners are apprehending their arrest in a case in connection with Buxar (Muffasil) P.S. Case No. 05 of 2023 dated 2.1.2023 registered for the offences punishable u/s 341, 323, 308, 504, 506, 379/34 of the Indian Penal Code. As per the prosecution's case, the allegation against the petitioners is that on 01.01.2023 in the evening, the informant found that F.I.R. named 08 accused persons including the petitioners and some other persons are making nuisance in intoxication condition. He along with some villagers went to the Harizan Toli of Gurdas Mathiya and forbade them to do so, then they started abusing and assaulting the informant's side. Madan Ram instigated to kill and implicated in Harizan Act. Hearing the same, his son Vikki Ram assaulted with butt of Katta to Rohit Kumar, as a result, he sustained injury on head.
Shashi Ram @ Botal Ram assaulted with iron rod to Abhishek Pandey, and as a result, he sustained injury on head. Madan Ram had blown farsa in four directions. Rikki Ram assaulted with lathi, danda to Alok Yadav, who fell down on the ground and took away golden chain from his neck. Sureman Ram and Ajeet Ram surrounded him and gave blow of lathi, danda and spear as a result, he sustained some injury. Sanjay Ram assaulted with sword to several persons, causing injuries to them.
3/4 commotion, several people of village assembled and saved the informant's side.
Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case due to previous enmity. There is general and omnibus allegation against the petitioners. Learned counsel has further submitted that the injury report does not corroborate with the allegation made in the present case. Doctor has found injuries as simple in nature caused by hard and blunt substance. The petitioner Nos. 1, 3, 4 and 5 have no criminal antecedent as stated in para 3 of the bail petition. The petitioner No. 2 is accused in one more criminal case in which he is on bail 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. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Buxar, in connection with Buxar (Muffasil) P.S.
4/4 Case No. 05 of 2023, 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