Bhola Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36252 of 2023 Arising Out of PS. Case No.-168 Year-2020 Thana- PAHARPUR District- East Champaran ====================================================== 1.

BHOLA RAM Son of Dwarika Ram Resident of Village - Tikuliya, Police Station - Paharpur, District - East Champaran. 2.

Chhatu Ram Son of Dwarika Ram Resident of Village - Tikuliya, Police Station - Paharpur, District - East Champaran. 3.

Dilip Ram Son of Dwarika Ram Resident of Village - Tikuliya, Police Station - Paharpur, District - East Champaran. 4.

Silli Ram Son of Dwarika Ram Resident of Village - Tikuliya, Police Station - Paharpur, District - East Champaran.

5.

Champa Devi Wife of Bhola Ram Resident of Village - Tikuliya, Police Station - Paharpur, District - East Champaran. 6.

Madhu Devi Wife of Dilip Ram Resident of Village - Tikuliya, Police Station - Paharpur, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, all the named accused persons including the petitioners were filling soil upon the land of the informant. When the informant objected the same, Bhola

Patna High Court CR. MISC. No.36252 of 2023(2) dt.31-07-2023 2/3 Ram assaulted him with spade on his head and Dilip Ram assaulted his son with spade and snatched Rs. 5,000/- from his pocket.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is case and counter case between the parties. He submits that the injuries found upon the victim are simple in nature caused by hard and blunt substance. He further submits that no independent witness has supported the prosecution case. He submits that petitioners have got 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 aforesaid facts and circumstances and the fact that injuries found upon the victim are simple in nature, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Paharpur P.S. Case

Patna High Court CR. MISC. No.36252 of 2023(2) dt.31-07-2023 3/3 No.168/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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