Surendra Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33562 of 2016 Arising Out of PS.Case No. -149 Year- 2016 Thana -GHOSI District- JEHANABAD ======================================================

1. Surendra Ram.

2. Upendra Ram.

3. Chitranjan Ram.

All sons of Late Sitaram Ram.

4. Kaur Paswan son of Late Naga Paswan.

All resident of village- Dhohri, Police Station-Ghosi, District- Jehanabad.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Sanjeev Ranjan, Adv. For the Informant : Mr. Manoj Kumar, Adv. For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-08-2016 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 323, 307 and 504 of the Indian Penal Code registered in connection with Ghosi P.S. Case No. 149 of 2016.

3. It is submitted that the petitioners have been falsely implicated in a free fight arising from a dispute relating to throwing of garbage by the informant's daughter-in-law. It is submitted that the accusations of assault are general and omnibus in nature.

Patna High Court Cr.Misc. No.33562 of 2016 (2) dt.30-08-2016

4. Learned APP assisted by learned counsel for the informant appearing suo motu have been heard.

5. Considering however, that grievous injuries have been sustained on the head of Ashok Kumar and Meera Devi and on the forearm of Ram Swaroop Das, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner nos. 1, 2 and 3. The anticipatory bail petition of petitioner nos. 1, 2 and 3 is accordingly dismissed.

6. Considering that there is no specific accusation of assault by petitioner no. 4 Karu Paswan, in the event of arrest or surrender of the petitioner no. 4 before the court below within six weeks from the date of communication of this order, let the above named petitioner no. 4 be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Ghosi P.S. Case No. 149 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Vikash Jain, J) Md. Ibrarul/Chandran U T