Ram Dayal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40254 of 2020 Arising Out of PS. Case No.-98 Year-2020 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.

RAM DAYAL RAM Son of Late Radha Ram Resident of Village- Dalsagar, P.s.- Buxar (Industrial Area), Distt- Buxar.

2.

AKSHAY LAL @ AKSHAY LAL RAM Son of Ram Dayal Ram Resident of Village- Dalsagar, P.s.- Buxar (Industrial Area), Distt- Buxar. 3.

CHOTE LAL @ CHOTE LAL RAM Son of Ram Dayal Ram Resident of Village- Dalsagar, P.s.- Buxar (Industrial Area), Distt- Buxar. 4.

HERO @ HERO RAM Son of Ram Dayal Ram Resident of VillageDalsagar, P.s.- Buxar (Industrial Area), Distt- Buxar. 5.

RAJA @ RAJA RAM Son of Ram Dayal Ram Resident of VillageDalsagar, P.s.- Buxar (Industrial Area), Distt- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 326, 307, 379, 34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused

Patna High Court CR. MISC. No.40254 of 2020(2) dt.16-11-2021 2/3 persons assaulted the informant and family members due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out..

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (Industrial Area) P.S. Case No. 98 of 2020, subject to the conditions as laid down

Patna High Court CR. MISC. No.40254 of 2020(2) dt.16-11-2021 3/3 under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T