Kanhaiya Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56865 of 2024 Arising Out of PS. Case No.-26 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== KANHAIYA RAM S/O MAHENDRA RAM R/O VILLAGE- ISHLAMPUR, AHIRWA TOLA, WARD NO.-7, P.S- RAXAUL, DISTT.- EAST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-11-2024 Heard Mr. Ajay Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Arun Kumar Pandey, learned APP for the State.

2. Petitioner is apprehending his arrest in connection with Raxaul P.S.Case No.26 of 2022, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 379, 504, 506 of the Indian Penal Code.

3. Allegation against the petitioner is of assaulting the informant along with other co-accused.

4. Learned counsel appearing on behalf of the petitioner submitted the allegation levelled against the petitioner is general and omnibus. There is no allegation of assault against the petitioner.

5. Learned APP has vehemently opposed the prayer for bail grant of anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.56865 of 2024(2) dt.29-11-2024 2/2

6. Considering the nature of allegation made in the FIR, as well as, the fact that both the parties assaulted each other and there is no specific allegation of assault against the petitioner, the petitioner, above named, is directed to be released on anticipatory bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul, District Motihari in connection with Raxaul P.S.Case No.26/2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force.

8. Accordingly, this bail application is allowed. (Purnendu Singh, J) mantreshwar/- U T