Doman Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38404 of 2023 Arising Out of PS. Case No.-326 Year-2022 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.

Doman Ram Son Of Mahangu Ram Resident Of Village - Ojhaul, P.S.- Bahadurpur, District - Darbhanga.

2.

Bholu Ram @ Monu Ram Son Of Doman Ram Resident Of Village - Ojhaul, P.S.- Bahadurpur, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2023 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, 323, 307, 354, 379, 504/34 of the Indian Penal Code.

3. Petitioners are said to have assaulted the informant and his by means of lathi and farsa.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioner has no criminal antecedent as stated in para-3 of

Patna High Court CR. MISC. No.38404 of 2023(3) dt.17-08-2023 2/2 this application.

5. Learned APP for the State opposing the prayer for bail submits that there is specific allegation against the petitioner no. 2 who assaulted the informant by means of rod.

6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner no. 1, let the above named petitioner no. 1 in the event of his 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) 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 Bahadurpur P.S. Case No. 326 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. So far as petitioner no. 2 is concerned, there is specific overt act against him, I am not inclined to enlarge the petitioner no. 2 on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with the aforesaid case. devendra/- (Anjani Kumar Sharan, J) U T