Shivshankar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26782 of 2019 Arising Out of PS. Case No.-592 Year-2018 Thana- JOGAPATTI District- West Champaran ====================================================== 1.
Shivshankar Ram, Son of Late Gopal Ram, Resident of Village - Patkhauli, P.s.- Yogapatti (Sanichari), Distt.- West Champaran. 2.
Surendra Ram, Son of Late Mahesh Ram, Resident of Village - Patkhauli, P.s.- Yogapatti (Sanichari), Distt.- West Champaran. 3.
Lalbabu Ram, Son of Saral Ram, Resident of Village - Patkhauli, P.s.- Yogapatti (Sanichari), Distt.- West Champaran. 4.
Shankar Ram, Son of Late Mahesh Ram, Resident of Village - Patkhauli, P.s.- Yogapatti (Sanichari), Distt.- West Champaran. 5.
Sita Ram, Son of Late Mahesh Ram, Resident of Village - Patkhauli, P.s.- Yogapatti (Sanichari), Distt.- West Champaran. 6.
Binod Ram, Son of Saral Ram, Resident of Village - Patkhauli, P.s.- Yogapatti (Sanichari), Distt.- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-04-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Yogapatti (Sanichari) P.S. Case No. 592 of 2018 registered under Sections 147, 148, 341, 323, 307, 324, 379, 504 and 506 of the Indian Penal Code.
The accusation is that nine persons named in the F.I.R. including the petitioners came at the door of the
Patna High Court CR. MISC. No.26782 of 2019(2) dt.24-04-2019 2/3 informant, Narayan Ram, having lathi, Farsa and iron rod in their hand. At that time, Shivshankar Ram (petitioner no.1) gave Farsa blow at the head of the informant. When Jokhan Ram, son of the informant, rushed to save him then Munna Ram gave iron rod blow at his head. Thereafter, Lalbabu Ram (petitioner no.3) gave Farsa blow at the head of Jokhan Ram whereas Surendra Ram caused injury to Jokhan Ram through iron rod. In the meantime, Shankar Ram entered in the house of informant and took the box containing ornaments of Rs.50,000/- whereas Sanjay Ram snatched cash of Rs.40,000/- from the informant.
Learned counsel for the petitioners submits that occurrence took place due to land dispute at the time of putting Asbestos sheet on the wall, in which, petitioner's side also sustained injury, regarding which, Yogapatti (Sanichari) P.S. Case No. 591 of 2018 is instituted on the basis of written report of petitioner no. 4 against the informant and others. Moreover, the injuries, as found on the person of informant and his son, are simple in nature, except the injury as found on the elbow of informant which is not attributed against the petitioners.
Patna High Court CR. MISC. No.26782 of 2019(2) dt.24-04-2019 3/3 within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Yogapatti (Sanichari) P.S. Case No. 592 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T