Manoranjan Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46372 of 2024 Arising Out of PS. Case No.-1079 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== MANORANJAN RAM S/O GAUTAM RAM R/O VILLAGE- MAJURAHA, P.S- TURKAULIYA, DISTT.- EAST CHAMPARAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 46872 of 2024 Arising Out of PS. Case No.-1079 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Prince Kumar Son of Arvind Ram @ Arvind Das Resident of VillRaghunathpur, P.S.- Turkauliya, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 46372 of 2024) For the Petitioner/s :
Mr. Prateek Tandon For the Opposite Party/s :
Mr. Satyendra Prasad (In CRIMINAL MISCELLANEOUS No. 46872 of 2024) For the Petitioner/s :
Mr. Prateek Tandon For the Opposite Party/s :
Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. These applications, for grant of anticipatory bail, arise out of Turkauliya (Ragunathpur O.P.) Police Station Case No.
2/4 1079 of 2023, disclosing offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, as per the First Information Report, is that on 16.10.2023, at 11:20 PM when the informant was returning, along with her husband, from her land where new house was being constructed, some miscreants 10-15 in numbers, assaulted her husband by means of knife and rod and when her husband tried to flee away then co-accused Chandan Ram fired upon him, which hit him in his thigh and thereafter, the named accused persons including the petitioners inflicted knife blows on the husband of the petitioner and when villagers came there, all the accused persons fled away. She took her husband to the hospital, where he was declared dead.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case due to village politics and prior enmity. He further submits that that the specific allegation of firing is against co-accused Chandan Ram.
5. Having regards to the submissions advanced on behalf of the parties and taking into consideration the criminal
3/4 antecedent of petitioner Manoranjan Ram, and the fact that the death was caused due to the injuries and fire arm injury sustained by the deceased, I am not inclined to grant the petitioner Manoranjan Ram privilege of anticipatory bail.
6. Criminal Misc. No. 46372 of 2024 is, accordingly, dismissed.
7. So far as the petitioner Prince Kumar is concerned, considering the fact that he is a student of Intermediate and he has got no criminal antecedent, I am inclined to grant him privilege of anticipatory bail.
8. Criminal Misc No. 46872 of 2024 is, accordingly, allowed.
9. Let the petitioner Prince Kumar, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, at Motihari, in connection with Turkauliya (Ragunathpur O.P.) Police Station Case No. 1079 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal
4/4 Procedure.
(Anil Kumar Sinha, J.) R.R Sinha/- U √ T √