Parmeshwar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4611 of 2022 Arising Out of PS. Case No.-332 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

PARMESHWAR RAM Son of Late Shiv Nandan Ram Resident of Village - Murgiyachak, P.S. - Janipur, District - Patna. 2.

Chandan Kumar Son of Sri Parmeshwar Ram Resident of Village - Murgiyachak, P.S. - Janipur, District - Patna. 3.

Mukesh Ram Son of Sri Ramji Ram Resident of Village - Murgiyachak, P.S. - Janipur, District - Patna.

4.

Sunil Ram Son of Sri Jat Kahar Resident of Village - Murgiyachak, P.S. - Janipur, District - Patna.

5.

Kanhaiya Chaudhary Son of Sri Pappu Chaudhary Resident of Village - Murgiyachak, P.S. - Janipur, District - Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akshansh Ankit For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Phulwari Sharif (Janipur) P.S. Case no. 332 of 2020 instituted for the offence punishable under Sections 147, 149, 341, 323, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, while the informant was

Patna High Court CR. MISC. No.4611 of 2022(2) dt.15-06-2022 2/3 near the house of Pappu Chaudhary, he asked the informant to clear his dues to which he replied that very soon he will clear his due samount. In the meantime, petitioner no. 1 intervened and started to abuse and assault him. Other accused persons fired two bullets upon the informant with an intention to kill him which did not hit him.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. No one has sustained bullet injury. There is case and counter case between the parties. Both parties have received injuries in alleged occurrence. They have got no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Phulwari Sharif (Janipur) P.S. Case no. 332 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.4611 of 2022(2) dt.15-06-2022 3/3 two sureties of the like amount each to the satisfaction of learned Sub-Judge-IX-cum-ACJM, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U