Dularchand Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44878 of 2022 Arising Out of PS. Case No.-313 Year-2021 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.
Dularchand Ram S/O Bigau Ram Resident Of Village- Sion, P.S.- Bhabua, District- Kaimur At Bhanbua 2.
Gorakh Ram S/O Dularchand Ram Resident Of Village- Sion, P.S.- Bhabua, District- Kaimur At Bhanbua 3.
Sabbal Ram S/O Ramchandra Ram Resident Of Village- Sion, P.S.- Bhabua, District- Kaimur At Bhanbua ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Prakash Singh For the Opposite Party/s :
Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2022 The application is against petitioner no.1 has already been dismissed as withdrawn vide order dated 08.09.2022. Heard learned counsel for the petitioner nos. 2 & 3 and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Bhabua P.S. Case no. 313 of 2021 instituted for the offence under Sections 341, 323, 324, 307, 504, 32 and later added 302 of the Indian Penal Code.
As per allegation in the FIR, when the informant was sitting at the door of house along with other family members,
Patna High Court CR. MISC. No.44878 of 2022(3) dt.17-10-2022 2/3 the accused persons came and abused them. It is further alleged that on order of the petitioner Dularchand Ram, other accused persons assaulted by means of lathi and knife due to which the father-in-law of the informant sustained injury and succumbed to injury.
Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. The petitioners have falsely been implicated in this case due to land dispute. It is further submitted that the specific allegation is against the other co-accused persons namely, Ramu Ram and Ram Chandra Ram. They have got no criminal antecedent.
Learned APP appearing for the state has opposed the prayer of anticipatory bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner nos. 2 and 3 on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Bhabua P.S. Case no. 313 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of
Patna High Court CR. MISC. No.44878 of 2022(3) dt.17-10-2022 3/3 the like amount each to the satisfaction of learned A.C.J.M. Kaimur at Bhabua subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) amandeep/- U