Shiv Narayan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34402 of 2021 Arising Out of PS. Case No.-13 Year-2021 Thana- BADHAILA District- Rohtas ====================================================== 1.

Shiv Narayan Ram.

2.

Dhanjee Ram @ Dhanji Ram both Son of Prayag Ram Resident of Village - Pach Pokhari, P.S.- Baghaila, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 149, 307, 323, 341, 342, 353, 504, 506, 120B of the Indian Penal Code and Section 37(c) (d) of the Bihar Prohibition and Excise Act.

Petitioners along with 4-5 unknown persons were abused the members of police party and also assaulted them as well as they were creating hindrance in the performance of the

Patna High Court CR. MISC. No.34402 of 2021(2) dt.17-12-2021 2/3 official duty by the police.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that there is neither any injury report submitted nor any kind of injury sustained to any one in this case, hence, no case under Section 307 of the IPC is made out against the petitioners. He submits that no incriminating article has been recovered from the possession of the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

Considering the facts and circumstances of the case, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Baghaila P.S. Case No. 13 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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