Ghugali Gond @Ghughuli Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49298 of 2024 Arising Out of PS. Case No.-569 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== 1.
Ghugali Gond @ Ghughuli Sah S/O Bhual Gond 2.
Ramayan Ram S/O Ramchandra Ram Both R/O Village Jura Pakari P.S. Ramnagar District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2024
1. Heard learned counsel for the parties.
2. The petitioners in this application pray for bail apprehending their arrest in connection with Ramnagar P.S. Case no.569 of 2023 registered for the offence punishable under sections 302, 120B, 147, 149, 341, 342 and 323 of the Indian Penal Code.
3. As per the prosecution case, the informant states that his son had fallen in love with one Madhu Devi wife of Shivchan Ram. On the night of occurrence, his son was called by Madhu Devi and did not return. Thereafter the informant states that on going to her house the next morning he found the fourteen named accused persons including the petitioners herein and 20-23 unknown accused persons present there who started
Patna High Court CR. MISC. No.49298 of 2024(3) dt.13-09-2024 2/3 to abuse the informant and his wife and forced them to return. He stated that Badari Ram was present there with a dabia. Subsequently, it has transpired that his son as also Madhu Devi had been murdered.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. The allegations besides being general and omnibus in nature so far as these petitioners are concerned, they have no concern with Madhu Devi with whom it is alleged that the son of the informant was having an affair which led to the alleged killing. The co-accused Raj Mohan Ram has been enlarged on anticipatory bail vide order dated 6.9.2024 passed in Cr. Misc. no.60547 of 2024 and the case of the petitioners stands on a similar footing.
5. The application for bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the allegations in the FIR against these petitioners together with grant of bail to the FIR named co-accused Raj Mohan Ram vide aforesaid order dated 6.9.2024, it is directed that both the petitioners, above named, in the event of their arrest or
Patna High Court CR. MISC. No.49298 of 2024(3) dt.13-09-2024 3/3 surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Ramnagar P.S. Case no.569 of 2023 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bagaha, West Champaran, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Partha Sarthy, J) Saurabh/- U T