Mukesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30585 of 2020 Arising Out of PS. Case No.-130 Year-2019 Thana- BIHARIGANJ District- Madhepura ====================================================== 1.

Mukesh Ram S/o Late Janandan Ram R/o Vill-Sarouni Kala, P.S.- Bihariganj, District-Madhepura.

2.

Panchu Ram S/o Ganeshi Ram R/o Vill-Sarouni Kala, P.S.-Bihariganj, District-Madhepura.

3.

Prabhu Ram S/o Mantun Ram R/o Vill-Sarouni Kala, P.S.-Bihariganj, District-Madhepura.

4.

Ajay Ram S/o Ashok Ram R/o Vill-Sarouni Kala, P.S.-Bihariganj, DistrictMadhepura. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Alok Kumar Singh, Advocate For the State :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-03-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners have filed the instant application for grant of anticipatory bail in connection with Bihariganj P.S. Case no. 130 of 2019 registered under sections 341, 147, 148, 447, 323, 307, 379, 504 and 506 of the Indian Penal Code. As per allegation in the F.I.R., twelve named accused persons including the petitioners herein are stated to have assaulted and injured the informant besides five others. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.30585 of 2020(3) dt.02-03-2021 2/3 that on account of arrest of petitioner nos. 1 and 4, their application has been withdrawn on 20.01.2021 itself. So far as petitioner nos. 2 and 3 are concerned, it is submitted that the allegations are falsified from reading of the F.I.R. itself. While twelve named accused persons are stated to have assaulted the informant and others with lathi, iron rod etc., the injury report does not support such allegation of assault. But for one, all the injuries have been found to be simple in nature. The petitioners have no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner nos. 2 and 3, the pendency of case and counter case between the parties and the allegations being general and omnibus in nature, this Court is inclined to enlarge the petitioner nos. 2 and 3 on anticipatory bail. The above named petitioner nos. 2 and 3, in the event of their arrest or surrender in the Court below within a period of six weeks from today in connection with Bihariganj P.S. Case no. 130 of 2019 are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.30585 of 2020(3) dt.02-03-2021 3/3 satisfaction of Sri Abhimanyu Kumar, learned Judicial Magistrate, 1st Class, Udakishunganj, District-Madhepura, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) shahzad/- U T