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Patna High CourtCR. MISC./63286/2021allowed

Dahu Ram v. The State Of Bihar

2022-07-18Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63286 of 2021 Arising Out of PS. Case No.-263 Year-2020 Thana- SARMERA District- Nalanda ====================================================== 1.

DAHU RAM S/O LATE CHATARI RAM R/o village- Isua, P.S.- Sarmera, District- Nalanda 2.

Bulla Ram S/o Late Chatari Ram R/o village- Isua, P.S.- Sarmera, DistrictNalanda 3.

Bhola Ram S/o Late Chatari Ram R/o village- Isua, P.S.- Sarmera, DistrictNalanda 4.

Rajesh Kumar @ Rajesh Ram S/o Dahu Ram R/o village- Isua, P.S.- Sarmera, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Singh For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sarmera P.S. Case no. 263/2020 instituted for the offence under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.

As per allegation in the FIR, over a land dispute on 10.10.2020 at 5 p.m. several accused persons including the petitioners started to abuse the informant and on protest made

Patna High Court CR. MISC. No.63286 of 2021(3) dt.18-07-2022 2/3 by him they assaulted him by lathi, danda and iron rod. When his father and brother came there to rescue him, they were also beaten up by the accused persons.

Learned counsel appearing on behalf of the petitioners has submitted that petitioner are innocent and have committed no offence. They have been falsely implicated in this case. General and omnibus allegations have been levelled against them. They have got no criminal antecedent. There is case and counter case. Both parties are agnates. Bhagirath Ram has received simple injury caused by hard and blunt object and doctor has kept the opinion reserved regarding injured Rudal Ram.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sarmera P.S. Case no. 263/2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.63286 of 2021(3) dt.18-07-2022 3/3 satisfaction of learned Chief Judicial Magistrate, Biharsharif, Nalanda subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U