Bhumi Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43434 of 2019 Arising Out of PS. Case No.-189 Year-2018 Thana- JADIA District- Supaul ====================================================== 1.

Bhumi Ram Son of Late Sumrit Ram Resident of Vilalge- Vidya Nagar P.S.- Jadia, District- supaul.

2.

Chandan Ram Son of Bhumi Ram Resident of Vilalge- Vidya Nagar P.S.- Jadia, District- supaul.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Choudhary For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 354B, 427, 379, 307 & 504/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Both sides have filed cases against each other. The injury sustained by the victim is simple in nature, except one injury which is on vital part. It is further

Patna High Court CR. MISC. No.43434 of 2019(5) dt.30-01-2023 2/3 submitted that whole family members have been implicated in this case due to oblique motive and grab the lands in question. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case as the allegation against petitioner no.1 is that he is only order giver, let the above named petitioner no.1, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Jadia P.S. Case No. 189 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Considering the facts and circumstances of case as well as the fact that petitioner no.2 assaulted the husband of the informant by means of 'Dabia' sustaining grievous injury to him, I am not inclined to enlarge petitioner no.2 on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, the petitioner no.2 is directed to surrender before the learned Court below within six weeks from today and

Patna High Court CR. MISC. No.43434 of 2019(5) dt.30-01-2023 3/3 seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T