Krishna Ram @ Krishnandan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29405 of 2023 Arising Out of PS. Case No.-672 Year-2022 Thana- RAHUI District- Nalanda ====================================================== 1.

KRISHNA RAM @ KRISHNANDAN RAM Son of Late Jagannath Ram @ Jagarnath Ram Resident of Village - Jiachak, P.S.- Rahui, District - Nalanda 2.

Balram Ram @ Balram Prasad Son of Late Jagannath Ram @ Jagarnath Ram Resident of Village - Jiachak, P.S.- Rahui, District - Nalanda 3.

Karoo Ram @ Ajay Ram Son of Late Binda Ram Resident of Village - Jiachak, P.S.- Rahui, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nikesh Kumar, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, A.P.P.

For the Informant :

Mr. Pramod Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2023

1. The prayer for anticipatory bail of petitioner no. 1, namely, Krishna Ram @ Krishnandan Ram has already been dismissed as withdrawn vide order dated 12.07.2023.

2. Heard learned counsel for the petitioner nos. 2 and 3 and learned A.P.P. for the State.

3. The petitioner nos. 2 and 3 apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379 and 504 of the Indian Penal Code.

4. Learned counsel for the petitioner nos. 2 and 3 submits that petitioner nos. 2 and 3 are persons with clean antecedent.

5. The informant alleges that on account of dispute

Patna High Court CR. MISC. No.29405 of 2023(3) dt.20-07-2023 2/3 relating to land, the petitioner nos. 2 and 3 abused and assaulted the informant and her family members by lathi causing injury on her head and also assaulted her son causing injury.

6. Learned counsel for the petitioner nos. 2 and 3 submits that petitioner nos. 2 and 3 have been falsely implicated in the present case. It is further submitted that from bare perusal of the allegation as alleged in the FIR, it would manifest that the occurrence took place on account of dispute relating to land in which both sides assaulted each other. It is next submitted that no specific allegation of any overt act is alleged against the petitioner nos. 2 and 3. It is also submitted that from the side of the petitioners Rahui P.S. Case No. 671 of 2022 was instituted earlier and the present case is counterblast of Rahui P.S. Case No. 671 of 2022.

7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner nos. 2 and 3.

8. Considering the submissions made by the learned counsel for the petitioner nos. 2 and 3, the petitioner nos. 2 and 3 above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

Patna High Court CR. MISC. No.29405 of 2023(3) dt.20-07-2023 3/3 the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rahui P.S. Case No. 672 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T