Chedi Ram @ Chedi Mochi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44430 of 2019 Arising Out of PS. Case No.-120 Year-2019 Thana- BAHERA District- Darbhanga ====================================================== 1.
CHEDI RAM @ CHEDI MOCHI Son of Nathuni Ram Resident of Village - Ghonghiya, P.S.- Bahera, District- Darbhanga 2.
Permeshwar Ram @ Pramosher Mochi Son of Late Tipu Ram Resident of Village - Ghonghiya, P.S.- Bahera, District- Darbhanga 3.
Suresh Ram Son of Upendra Ram Resident of Village - Ghonghiya, P.S.- Bahera, District- Darbhanga 4.
Ashok Ram @ Pathal Ram @ Pakhar Ram Son of Upendra Ram Resident of Village - Ghonghiya, P.S.- Bahera, District- Darbhanga 5.
Telai Ram Son of Late Tipu Ram Resident of Village - Ghonghiya, P.S.- Bahera, District- Darbhanga 6.
Baidyanath Ram @ Baijnath Ram Son of Late Sunnar Lal Ram Resident of Village - Ghonghiya, P.S.- Bahera, District- Darbhanga 7.
Mithun Kumar @ Maithun Ram @ Kailu Ram Son of Ram Ashish Ram Resident of Village - Ghonghiya, P.S.- Bahera, District- Darbhanga 8.
Ram Ashish Ram Son of Late Sunnar Lal Resident of Village - Ghonghiya, P.S.- Bahera, District- Darbhanga 9.
Bharat Ram Son of Ram Ashish Ram Resident of Village - Ghonghiya, P.S.- Bahera, District- Darbhanga 10.
Charpan Ram Son of Late Mushar Ram Resident of Village - Ghonghiya, P.S.- Bahera, District- Darbhanga 11.
Mangal Ram Son of Late Kailu Ram Resident of Village - Ghonghiya, P.S.- Bahera, District- Darbhanga 12.
Pramod Ram Son of Nathuni Ram Resident of Village - Ghonghiya, P.S.- Bahera, District- Darbhanga ... ... Petitioners.
.Versus The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Jha For the Opposite Party/s :
Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-09-2019 Heard learned counsel for the petitioners and the
Patna High Court CR. MISC. No.44430 of 2019(3) dt.19-09-2019 2/3 learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 337, 379 and 302 of the Indian Penal Code. Over row of playing DJ on hell of the voice 22 accused persons including the petitioners assaulted the informant and his brother by means of lathi. His brother, namely, Ramchandra Mochi succumbed to injury during the course of treatment.
It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. The petitioners have no concern with the aforesaid occurrence. They have been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioners are not specific rather general and omnibus in nature. The doctor has found only two injuries on the person of the deceased but the assailant of the said injury is not ascertained. The petitioners have no criminal antecedent. Similarly situated co-accused Umesh Ram and Naresh Ram have been enlarged on anticipatory bail by a coordinate Bench of this Court vide order dated 17.07.2019 passed in Cr. Misc. No.43922 of 2019 while Pramod Ram and four others have been enlarged on regular bail by this Court
Patna High Court CR. MISC. No.44430 of 2019(3) dt.19-09-2019 3/3 vide order dated 20.05.2019 passed in Cr. Misc. No.33241 of 2019.
Learned APP for the State opposed the bail petition. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Benipur, Darbhanga in connection with Bahera P.S. Case No. 120 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J.) Trivedi/- U T