Rajesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51101 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- MATIYARIA District- West Champaran ====================================================== 1.

RAJESH RAM S/O BHUTTI RAM R/O VILLAGE- SIRISIYA, P.SMATIYARIYA, DISTT.- WEST CHAMPARAN. 2.

MUKESH RAM S/O BHUTTI RAM R/O VILLAGE- SIRISIYA, P.SMATIYARIYA, DISTT.- WEST CHAMPARAN. ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Sujeet Kumar, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-09-2024 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Mataria P.S. Case No.33 of 2024 for the offences punishable under Sections 323, 341, 353, 324, 354 & 504/34 of the Indian Penal Code.

3. Petitioners along with other F.I.R. named accused persons and their family members are said to have interrupted the police in discharging their official duty. They also assaulted them.

4. The petitioners are quite innocent and have been falsely implicated in this case at the instance of the village Chaukidar. The allegations levelled against the petitioners is general and omnibus in nature. It is further submitted that the

Patna High Court CR. MISC. No.51101 of 2024(2) dt.04-09-2024 2/2 entire prosecution is based on suspicion and surmises and there is no any legal evidence or cogent material is available to connect the petitioners with the alleged occurrence. Petitioner no.1 has one criminal antecedent, whereas petitioner no.2 has two criminal antecedents as mentioned in para-3 of this application.

5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail.

6. Considering the facts and circumstances of case and the nature of the allegation, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected.

7. However, if the petitioners surrender before the learned Court below within six weeks from today and seek regular bail the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T