Bhuneshawar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57278 of 2024 Arising Out of PS. Case No.-391 Year-2023 Thana- THAWE District- Gopalganj ====================================================== 1.

BHUNESHAWAR RAM SON OF LATE JANAKI RAM R/V- VILLAGEGOPALAMATH, P.S.- THAWE, DISTT.- GOPALGANJ 2.

VIKASH KUMAR @ VIKASH RAM @ VIKASH KUMAR RAM SON OF VISHRAM RAM @ KITAM RAM R/V- VILLAGE- GOPALAMATH, P.S.- THAWE, DISTT.- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate Mr. Rakesh Kumar Ram, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 324, 307, 504 & 506/34 of the Indian Penal Code.

3. All the F.I.R. named accused persons including these petitioners in furtherance of their common intention armed with deadly weapons are said to have assaulted the informant and his family members.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to land dispute. The

Patna High Court CR. MISC. No.57278 of 2024(2) dt.11-09-2024 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Both sides have filed cases against each other. The injury sustained by the victim is simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as the fact that there is land dispute between the parties and the injury sustained by the victim is simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Thawe P.S. Case No.391 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T