Surajbhan Ram @ Surajbhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47488 of 2024 Arising Out of PS. Case No.-101 Year-2024 Thana- PIRO District- Bhojpur ====================================================== 1.
Surajbhan Ram @ Surajbhan Son of Hareram Paswan @ Hareram Prasad R/O Vill.- Piro, P.O. and P.S.- Piro, Dist.- Bhojpur, Ara 2.
Chandan Ram @ Chandan Son of Hareram Paswan @ Hareram Prasad R/O Vill.- Piro, P.O. and P.S.- Piro, Dist.- Bhojpur, Ara 3.
Birju Ram @ Birju Paswan Son of Hareram Paswan @ Hareram Prasad R/O Vill.- Piro, P.O. and P.S.- Piro, Dist.- Bhojpur, Ara 4.
Hareram Paswan @ Hareram Prasad Son of Late Ram Shakal Ram R/O Vill.- Piro, P.O. and P.S.- Piro, Dist.- Bhojpur, Ara ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. In the present case, the petitioners are apprehending their arrest in connection with Piro P.S. Case No. 101 of 2024, registered on 12.03.2024 for the offences under Sections 341, 323, 308, 379, 504, 506/34 of the Indian Penal Code.
3. As per prosecution case, the petitioner no. 1 Surajbhan Ram demanded Rs. 200/- from the informant for parking his tractor in front of their house and when the informant refused, the other petitioners came and assaulted the informant with iron rod and snatched rupees nine thousand from
Patna High Court CR. MISC. No.47488 of 2024(3) dt.25-09-2024 2/3 the informant.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case as petitioner no. 1 filed Bhojpur SC/ST P.S. Case No. 14 of 2024 against the informant and others under Section 307 IPC and other minor sections of the IPC apart from provision of the SC/ST (POA) Act and a large number of persons from the petitioners side have received injury in the hands of the informant and others. The real fact of the case is that the informant and other persons took some vegetables from the shop of petitioner no. 1 and refused to make payment and thereafter, assaulted the petitioner no. 1 when some altercation took place and in that background the present case has been lodged after much delay on 12.03.2024 for the occurrence of 01.03.2024. The injury of the informant is stated to be simple as it is only pain in left knee joint. The petitioners are having antecedent of one case.
5. Learned APP opposes the submission made on behalf of the petitioners.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the earlier counter version of the case of the petitioners and
Patna High Court CR. MISC. No.47488 of 2024(3) dt.25-09-2024 3/3 further considering the non-serious nature of injury and further considering the possibility false implication in the background of counter case, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Ara/concerned court in connection with Piro P.S. Case No. 101 of 2024, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions :
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) DKS/- U T