Arun Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69719 of 2018 Arising Out of PS. Case No.-164 Year-2018 Thana- DHANAHA District- West Champaran ====================================================== 1.

Arun Ram, S/o Nagina Ram, 2.

Harihar Ram, S/o Late Keera Bin, 3.

Mannu Bin, S/o Late Motka Banshi, All R/o Village Baira Tola, Ghusari, P.S. Dhanha, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-06-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Superintendent of Police, West Champaran submitted its report along with the Annexures including supplementary injury report of the victim. Discussing the aforesaid report in detail, personal appearance of the S.P., West Champaran was dispensed with vide order dated 15.04.2019 of this Court. Considering the aforesaid report of the S.P., the explanation submitted by the incumbent is accepted. The petitioners apprehend their arrest in connection with Dhanha P.S. Case no. 164 of 2018, registered under Sections 341, 342, 323, 325, 307, 504 and 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.69719 of 2018(7) dt.18-06-2019 2/3 Petitioner Arun Ram is said to have taken the father of the informant and all the three petitioners assaulted his father and put sand in his mouth and nose and dumped him on the bank of the river.

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 dirty village politics. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Injury report of the victim has not been brought on record rather supplementary injury report was brought on record which indicates that the victim had fallen from his cycle on the date of occurrence and he neither fell senseless nor was vomiting nor his nose, etc. was bleeding and no abnormality in his chest, cardio vascular system, abdomen, etc. was detected by the doctor.

Learned APP for the State opposed the bail petition.

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

Patna High Court CR. MISC. No.69719 of 2018(7) dt.18-06-2019 3/3 of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., West Champaran in connection with Dhanha P.S. Case No. 164 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

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