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Patna High CourtCR. MISC./35113/2024allowed

Dharma Ram v. The State Of Bihar

2024-07-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35113 of 2024 Arising Out of PS. Case No.-175 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.

Dharma Ram S/o- Late Shivnand Ram Village- Sangrampur Mathiya W.No14, Ps- Sangrampur Dist- East Champaran 2.

Pramod Ram son of Dharma Ram Village- Sangrampur Mathiya W.No-14, Ps- Sangrampur Dist- East Champaran 3.

Subodh Ram son of Dharma Ram Village- Sangrampur Mathiya W.No-14, Ps- Sangrampur Dist- East Champaran 4.

Rahul Ram son of Dharma Ram Village- Sangrampur Mathiya W.No-14, PsSangrampur Dist- East Champaran 5.

Rajesh ram son of Bhikhu Ram Village- Ranipakari Ps- Jagdishpur DistWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 342, 323, 324, 307, 308, 379, 504, 34 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioners are said to have assaulted the informant's side brutally with deadly weapons due to which they sustained injuries.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is case and

Patna High Court CR. MISC. No.35113 of 2024(2) dt.26-07-2024 2/2 counter case between the parties. He submits that occurrence took place on 04.05.2023 but the FIR has been lodged on 09.05.2023 after delay of 5 days without explaining any reasonable cause of delay. He submits that similarly situated coaccused has already been granted bail by this Court vide order dated 06.02.2024 passed in Cr. Misc. No. 86580 of 2023. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sangrampur P.S. Case No. 175 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

devendra/- (Anjani Kumar Sharan, J) U T