Upendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36322 of 2024 Arising Out of PS. Case No.-171 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== Upendra Ram Son of Jokhan Ram R/O Vill.- Sangrampur mathiya, P.S.- Sangrampur, Dist.- East 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.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sangrampur P.S. Case no. 171 of 2023 instituted for the offence under Sections 341, 342, 323, 324, 307, 308, 302, 504, 34 of the Indian Penal Code.

3. It is a case of commission of murder of the informant's father by assaulting by co-accused Dharmendra Ram and Nagendra Ram. Allegation against this petitioner is of assaulting to brother of the informant namely, Ramraj Ram due to which he sustained injury.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.36322 of 2024(3) dt.05-07-2024 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. According to FIR, the specific allegation is against coaccused Dharmendra & Nagendra Ram who assaulted the father of the informant namely, Bhikhari Ram by means of iron rod due to which he succumbed to injury. This petitioner is said to have assaulted the informant's brother Ramraj Ram whose injury report has been annexed with the case diary, shows pain and swelling. It is further submitted that the petitioner has got no criminal antecedent as stated in para-3 of the bail petition.

5. Learned APP appearing for the state has opposed the prayer of bail.

6. 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 petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sangrampur P.S. Case no. 171 of 2023, he will 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 satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari subject to the conditions as laid down

Patna High Court CR. MISC. No.36322 of 2024(3) dt.05-07-2024 3/3 under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U