Upendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43792 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- AAYAR District- Bhojpur ====================================================== 1.
UPENDRA RAM SON OF LAL MOHAR RAM VILLAGE- SUNDERA, P.S.- AUAR. DOSTT/- BHOJPUR 2.
BHUAR RAM @ SUBASH RAM @ SUBASH KUMAR SON OF LAL MOHAR RAM VILLAGE- SUNDERA, P.S.- AUAR. DOSTT/- BHOJPUR 3.
PRITAM KUMAR SON OF JITENDRA RAM VILLAGE- SUNDERA, P.S.- AUAR. DOSTT/- BHOJPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Ajay Kumar Singh, Advocate For the State :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 341, 504, 506, 379 and 307 of the Indian Penal Code.
3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, including these petitioners, armed with weapons, came at the door of the informant and abused him. It is further alleged that on the dictates of Petitioner No. 1, Petitioner No. 2 assaulted on the head of informant by means of iron rod and other accused persons assaulted him by means of lathi. Thereafter, when wife
Patna High Court CR. MISC. No.43792 of 2024(3) dt.29-07-2024 2/3 of informant came to save him, she was also assaulted.
4. It is submitted by learned counsel appearing on behalf of the petitioners that the present case is counter-blast of Ayar P.S. Case No. 12 of 2024, which was lodged earlier in point of time by co-accused Mithlesh Ram against the informant and others. It is further submitted that the present F.I.R. has been lodged after delay of 6 days, without any explanation for the same. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, nature of accusation, case and counter-case between the parties and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 7th, Bhojpur at Ara, in connection with Ayar P.S. Case No. 15 of 2024, subject to condition as laid down under Section 438(2) of the
Patna High Court CR. MISC. No.43792 of 2024(3) dt.29-07-2024 3/3 Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T