Suresh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43457 of 2021 Arising Out of PS. Case No.-24 Year-2020 Thana- UPHARA District- Aurangabad ====================================================== 1.

SURESH RAM Son of Nageshwar Ram Resident of Village - Aranda, P.S. - Uphara, District - Aurangabad.

2.

Akhilesh Ram Son of Ram Chandra Ram Resident of Village - Aranda, P.S. - Uphara, District - Aurangabad.

3.

Rohit Kumar Son of Laldeo Ram Resident of Village - Aranda, P.S. - Uphara, District - Aurangabad.

4.

Ranvijay Chandravanshi Son of Laldeo Ram Resident of Village - Aranda, P.S. - Uphara, District - Aurangabad.

5.

Raju Chandravanshi Son of Laldeo Ram Resident of Village - Aranda, P.S. - Uphara, District - Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar Pandey For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in Uphara P.S. Case No.24 of 2020, registered for the offences punishable under Sections 341, 323, 307, 379, 337, 338, 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. There is case and counter case between the parties.

Patna High Court CR. MISC. No.43457 of 2021(2) dt.11-04-2022 2/3 It is further submitted that there is general and omnibus allegation against the petitioners. Both sides sustained injuries. It is submitted that the injuries are simple in nature. Only one injury is found to be grievous in nature. It is further submitted that the specific allegation of assault is against petitioner no.5, Raju Chandravanshi who assaulted Sheo Nandan Yadav by means of lathi, who sustained grievous injury. It is further submitted that the petitioners and informant are neighbour and there is land dispute between the parties. It is also submitted that the petitioners have got no criminal antecedent as stated in paragraph 3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the facts aforesaid, let petitioners no.1 to 4, namely, Suresh Ram, Akhilesh Ram, Rohit Kumar and Ranvijay Chandravanshi, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be released on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar, Aurangabad in connection with Uphara P.S. Case No.24 of 2020, subject to the conditions laid

Patna High Court CR. MISC. No.43457 of 2021(2) dt.11-04-2022 3/3 down under Section 438(2) of the Code of Criminal Procedure. So far as prayer for anticipatory bail of petitioner no.5, namely, Raju Chandravanshi is concerned, there is specific allegation against him that he assaulted Sheo Nandan Yadav by means of lathi causing grievous injury to him. Taking into consideration the facts aforesaid, I am not inclined to enlarge petitioner no.5, namely, Raju Chandravanshi on anticipatory bail.

Accordingly, the prayer for anticipatory bail of petitioner no.5, Raju Chandravanshi is dismissed. (Anjani Kumar Sharan, J.) Sanjay/- U T