Chandan Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39596 of 2019 Arising Out of PS. Case No.-78 Year-2018 Thana- MAHNAR District- Vaishali ====================================================== 1.

CHANDAN KUMAR RAM S/o Sri Harindra Ram Resident of Village-Naya Tola, Baghnocha, P.S-Mahnar, District-Vaishali. 2.

Kundan Kumar Ram S/o Sri Harindra Ram Resident of Village-Naya Tola, Baghnocha, P.S-Mahnar, District-Vaishali.

3.

Laalan Kumar Ram @ Laalan Ram S/o Soli Ram Resident of Village-Naya Tola, Baghnocha, P.S-Mahnar, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-09-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered under Sections 447, 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

Over row of not according water to the petitioners by the informant, all the seven named accused persons including the petitioners assaulted him by leg and fist and snatched his mobile phone and took out Rs.1500/- from his pocket. When the informant along with some villagers approached aforesaid accused persons at their house to inquire

Patna High Court CR. MISC. No.39596 of 2019(5) dt.20-09-2019 2/3 about the matter, petitioner Kundan Ram along with other accused persons assaulted the son of the informant and two other villagers namely Nirala Rai and Rakesh Rai by means of lathi inflicting head injury to them.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in the case due to animosity and dirty village politics. There is case and counter case between the parties. Persons of both the sides sustained injury in the occurrence. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Victims have sustained single simple injury each caused by hard and blunt substance. There is no repetition of blow. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Vaishali in connection with Mahnar P.S. Case No. 78 of 2018, subject to the condition as laid down under Section 438 (2) of

Patna High Court CR. MISC. No.39596 of 2019(5) dt.20-09-2019 3/3 the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T