Ram Ekbal Saw @ Ekbal Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44770 of 2022 Arising Out of PS. Case No.-39 Year-2022 Thana- SALIMPUR District- Patna ====================================================== 1.

Ram Ekbal Saw @ Ekbal Saw Son Of Late Sahdev Saw Resident Of Gyaspur, P.S.- Salimpur, District- Patna 2.

Birendra Saw S/O Ram Sagar Saw Resident Of Gyaspur, P.S.- Salimpur, District- Patna 3.

Dharamvir Saw @ Dharmvir Kumar S/O Ram Pravesh Saw Resident Of Gyaspur, P.S.- Salimpur, District- Patna 4.

Pravin Kumar @ Chhote Kumar Saw S/O Ram Pravesh Saw Resident Of Gyaspur, P.S.- Salimpur, District- Patna 5.

Chhabila Kumar S/O Ram Pravesh Saw Resident Of Gyaspur, P.S.- Salimpur, District- Patna 6.

Sunil Saw S/O Late Nandu Saw Resident Of Gyaspur, P.S.- Salimpur, District- Patna 7.

Sudhir Saw @ Kaila Saw S/O Late Nandu Saw Resident Of Gyaspur, P.S.- Salimpur, District- Patna 8.

Mithlesh Saw S/O Ram Ekbal Saw @ Ekbal Saw Resident Of Gyaspur, P.S.- Salimpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Adv.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

Earlier vide order dated 13.10.2022, this application with regard to petitioner no.1 i.e. Ram Ekbal Saw @ Ekbal Saw was dismissed as withdrawn.

Today, this application is heard with regard to

Patna High Court CR. MISC. No.44770 of 2022(4) dt.14-03-2023 2/3 petitioner nos.2 to 8.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 307 and 506 of the Indian Penal Code pending in the learned Court below.

All the accused persons including the petitioners came to the house of the informant and assaulted the father and uncles of the informant and due to which they got injury as such FIR lodged against the petitioners.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegations levelled against the petitioners to assault the informant and his uncle. He further submits that though one injury found upon the victim is grievous in nature but there is no evidence to support that who has assaulted the injured person. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner nos.2 to 8, named above, in the event of their arrest/surrender before the learned Court below within a period

Patna High Court CR. MISC. No.44770 of 2022(4) dt.14-03-2023 3/3 of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned court below, where the case is pending/Successor court, in connection with Salimpur P.S. Case No. 39 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) kamlesh/- U T