Anil Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2690 of 2017 Arising Out of PS.Case No. -45 Year- 2016 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Anil Ram, son of Bijuli Ram

2. Bijali Ram, son of Late Muneshwar Ram

3. Gulli Ram, son of Mahendra Ram, All residents of village - Ramgarhwa, Manje, P.S. - Ramgarhwa, District - East Champaran, Motihari. .... .... Petitioners

Versus

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

For the Petitioner : Mr. Binod Kumar Mishra, Advocate For the Opposite Party : Mr. Anant Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-01-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Ramgarhwa P.S. Case No. 45 of 2016, registered for the offences punishable under Sections 147, 148, 448, 341, 323, 353, 332, 115, 152, 427, 379, 28 and 564 of the Indian Penal Code. Allegedly, the petitioners and other co-accused named in the F.I.R. and 25-30 unknown blocked N.H. 28(A) and in spite of request made by the informant and other police personnel they did not hear and started abusing police officials and were demanding to hand over Sudhish Sah and Babita Devi, on the ground that they have damaged the prestige of village and, as such, both will be killed and for that they became aggressive and started throwing bricks and stones causing injury to some of police

Patna High Court Cr.Misc. No.2690 of 2017 (2) dt.25-01-2017 2/2 officers and damaged the glass of the vehicles and local Chaoukidar Ram Niwas Paswan identified the petitioners and others.

Submission is of false implication and that there is no specific allegation against the petitioners, the petitioners were members of the mob. The wife of the petitioner no.1 namely Babita Devi has lodged complaint Case No. 165C of 2016 as the police did not register the case and, as such, the petitioners deserve sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail and submits that the petitioners are named in the F.I.R. In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Raxaul at Motihari, in connection with Ramgarhwa P.S. Case No. 45 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T