Mukesh Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59709 of 2017 Arising Out of PS. Case No.-192 Year-2016 Thana- LAURIYA District- West Champaran ======================================================

1. Mukesh Ram, Son of Late Bigan Ram,

2. Bhanu Ram @ Banhu Son of Late Charitra Ram.

3. Kishore Ram, Son of Late Bigan Ram.

4. Parsan Ram, Son of Late Baijnath Ram.

5. Nandlal Ram, Son of Paras Ram,

6. Ramayan Ram, Son of Late Garju Ram,

7. Bhagad @ Bagar Ram, Son of Late Dhur Ram.

8. Bhual Ram, Son of Late Nachai Ram,

9. Chhotelal Ram, Son of Late Sukai Ram.

10. Rajesh Ram, Son of Nandlal Ram.

11.Sitaram Giri @ Sita Ram, Son of Suresh Giri, All Residents of Village- Belwa More, Police Station- Lauriya, District- West Champaran (Bettiah).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Singh, Adv.

For the State :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned Counsels for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147/148/149/341/323/324/307/379/353/427/188 of the Indian Penal Code.

Prosecution case is that in pursuance to the order passed in the Writ application, the administration and the police officials went to get the paddy crops harvested. In the meantime,

Patna High Court Cr.Misc. No.59709 of 2017(2) dt.12-12-2017 2/3 100 people started pelting stones, as a result of which, several persons including the government officials received injuries, leading to registration of FIR against 30 known and 50 unknown. Petitioners are named in the FIR.

It is submitted by learned counsel for the petitioners that in spite of status quo order passed in Title Suit Nos.38 2016 and 51 of 2016 with regard to the land in question, the informant's side tried to harvest the paddy crops. A statement has been made in paragraph no.3 of the petition that except petitioner no.11, Sitaram Giri @ Sita Ram, other petitioners i.e. petitioner nos. 1 to 10 have no criminal antecedent. Though, petitioner no.11 is accused in three other cases of petty nature apart from the present case, but in all the cases he is on bail. Moreover, similarly situated accused persons have been granted bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 34176 of 2017.

Considering the accusation being omnibus and general and similarly situated co-accused persons have been granted bail by a co-ordinate Bench of this Court, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.59709 of 2017(2) dt.12-12-2017 3/3 (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st, Bettiah, West Champaran, in connection with Lauriya P.S. Case No.192 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U