Ram Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50347 of 2023 Arising Out of PS. Case No.-510 Year-2022 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.
Ram Kumar Ram Son Of Late Pachchu Ram Resident Of Village - Madhuban, P.S. - Pokhar Bhinda, District - Darbhanga 2.
Lalan Ram @ Lalan Kumar Yadav Son Of Ram Kumar Ram Resident Of Village - Madhuban, P.S. - Pokhar Bhinda, District - Darbhanga ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar Yadav For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-08-2023 Heard the learned counsel for the petitioner and the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Bahadurpur Case No. 510 of 2022, registered for the offences punishable under Sections 341, 323, 504, 307, 506, 379, 354, 325/34 of the Indian Penal Code.
3. As per allegation, the petitioners along with other co-accused persons assaulted the informant with iron rod and lathi as a result of which he sustained injuries. The dispute took place due to the reason that nani of the informant as well as co accused persons had registered her entire property in the name of petitioner no. 1 i.e Ram Kumar Ram.
Patna High Court CR. MISC. No.50347 of 2023(2) dt.23-08-2023 2/3
4. The learned counsel for the petitioner submits that the petitioners are innocent and they have falsely been implicated in this case. He further submits that there is case and counter case. The present case is counter-blast of Bahadurpur P.S. Case No. 509 of 2022. As per the injury report alleged in the FIR, this is not a case of Section 307 IPC.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier for anticipatory bail in this case.
6. It has further been stated that the petitioner has no criminal antecedent.
7. However, the learned APP for the State has vehemently opposed the prayer for bail.
8. Considering the aforesaid facts and circumstances, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Ld. SDJM, Darbhanga, in connection with Bahadurpur Case No. 510 of 2022, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on
Patna High Court CR. MISC. No.50347 of 2023(2) dt.23-08-2023 3/3 the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.
9. The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections. (Jitendra Kumar, J) asmit/- U T