Munna Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26876 of 2022 Arising Out of PS. Case No.-376 Year-2020 Thana- RAMNAGAR District- West Champaran ====================================================== 1.

MUNNA RAM Son of Jhapas Ram Resident of Village - Nawgawa, P.s.- Ramnagar, Distt.- West Champaran.

2.

SAMBHU RAM @ SHAMBHU RAM Son of Jug Ram @ Jugu Ram Resident of Village - Nawgawa, P.s.- Ramnagar, Distt.- West Champaran. ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 337, 338 and 302 of the Indian Penal Code.

The prosecution case, in short, is that in connection with dispute over construction, the accused persons assaulted the informant and his son due to which they sustained injury and later son of the informant succumbed to the injury. It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.26876 of 2022(2) dt.14-11-2022 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioners have not been named by the informant in the F.I.R.. Subsequently, in the restatement, the petitioner has been named by the informant. The same is afterthought. The name has been dragged in the present case for ulterior motive. General and omnibus allegation has been levelled against the petitioners. There is no overt act alleged against the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- 1, Bagaha, West Champaran in connection with Ram Nagar P.S. Case No. 376/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T