Lakshman Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61906 of 2017 Arising Out of PS.Case No. -69 Year- 2017 Thana -INARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Lakshman Ram, S/o Late Gaya Ram @ Gaya Bhagat Ram,
2. Naresh Ram S/o Sri Yamuna Ram,
3. Ramchandra Ram @ Ramchandra Paswan S/o Late Saudagar Ram @ Saudagar Paswan, All are R/o Village- Barwa Parshauni, P.S.- Inarwa, District- West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No 13 Mr. Rohit Kumar For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2018 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.
In this application for anticipatory bail the petitioners apprehend their arrest in connection with Inarwa P.S. Case No. 69 of 2017/ G.R. No. 3138 of 2017 for the offences punishable under sections 341, 323, 324, 307 and 427/34 of the I.P.C and section 27 of the Arms Act.
Allegedly, co-accused Akhilesh Ram shot the informant by gun causing injury on his chest and right hand and when the informant started fleeing away the petitioners also fired and further when Chhabila Sah, the driver, came for rescue the
Patna High Court Cr.Misc. No.61906 of 2017 (3) dt.29-01-2018 2/3 petitioner Lakshman Ram assaulted him with butt of gun and petitioner Ram Chandra Paswan broke the glass. Submission is of false implication and that title suit is going on between the parties bearing Title Suit No. 31 of 2017, vide Annexure-2, earlier a proceeding under section 107 of the Cr.P.C. was also started, vide Annexure-3, the informant did not go to Patna for his treatment though from the FIR it reveals that he was referred to PMCH. The learned counsel has referred paragraph- 15 of the case diary and further Chhabila Sah also did not get himself treated which is evident from paragraph-16 of the case diary and as such the petitioners deserve sympathetic consideration.
The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners.
In the facts and circumstances stated above, considering that the informant did not go to Patna for treatment and further Chhabila Sah was also not treated by any doctor and against the petitioners there is no allegation of causing any injury and as such the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the
Patna High Court Cr.Misc. No.61906 of 2017 (3) dt.29-01-2018 3/3 like amount each to the satisfaction of Sri Manash Kumar, J.M 1st Class, Narkatiaganj, District- West Champaran in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T