Mahadev Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47408 of 2023 Arising Out of PS. Case No.-532 Year-2022 Thana- BANIAPUR District- Saran ====================================================== 1.
MAHADEV RAM S/O LALDHARI RAM RESIDENT OF DHANGARHA GOULCHANI TOLA P.S. BANIYAPUR, DISTRICT- SARAN AT CHAPRA 2.
RAVINDRA KUMAR RAM S/O SHAHDEO RAM RESIDENT OF DHANGARHA GOULCHANI TOLA P.S. BANIYAPUR, DISTRICTSARAN AT CHAPRA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saket Anand For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-10-2023
1. Heard the parties.
2. The petitioners apprehend their arrest in connection with Baniyapur PS Case No. 532 of 2022 dated 02-11-2022 registered under Sections 307 / 34 of the IPC and Section 27 of the Arms Act.
3. As per the First Informant Report on 01.11.2022 in the evening while the informant was there in his 'Dalan' after dinner, the accused persons arrived there and on the identification of the petitioner no. 2 the petitioner no. 1 fired with his pistol on the informant due to which the informant
Patna High Court CR. MISC. No.47408 of 2023(3) dt.11-10-2023 2/3 sustained bullet injury in the right leg. The reason behind the occurrence is that the informant and Roshni Kumari i.e. sister of the petitioner no. 2 had love affair.
4. Learned counsel for the petitioners submits that petitioners have not committed any offence in the manner alleged and they have falsely been implicated in this case due to village rivalry. He further submits that injury caused to the informant is not serious in nature and the doctor has opined that cause of injury is likely due to fire arm.
5. Regard being had to the submissions made by the parties, taking into consideration the fact that petitioners are having no criminal antecedent and the doctor has found the injury as simple in nature, as such, I am inclined to grant anticipatory bail to the petitioners.
6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate at Chapra at Saran / concerned court in connection with Baniyapur P.S.
Patna High Court CR. MISC. No.47408 of 2023(3) dt.11-10-2023 3/3 Case No. 532 of 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T