Mohan Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33221 of 2016 Arising Out of PS.Case No. -94 Year- 2016 Thana -HASPURA District- AURANGABAD ======================================================

1. Mohan Ram, son of Late Sheobhajan Ram

2. Navin Kumar, Son of Mohan Ram

3. Rameshwar Ram, son of Late Sheobhajan Ram

4. Ranjan Kumar

5. Manish Kumar, Both are sons of Rameshwar Ram

6. Ram Parvesh Ram, son of Yugeshwar Ram, all are resident of villageFatehpur, P.S. Haspura, District-Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Ataul Haque, Advocate. For the Opposite Party/s : Mr. Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-08-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Haspura P.S. Case No. 94 of 2016 registered under Sections 147, 148, 149, 447, 341, 323, 337 and 307 of the Indian Penal Code and Section 25(1-b)A, 26 and 35 of the Arms Act.

The accusation is that, on 13.05.2016, in the morning, informant was constructing the house under Indira Awas Scheme. A that time, petitioners along with Bipin Kumar came there Rajesh Ram also came there on motorcycle and took

out four Pistols from Dicky and gave to petitioner nos. 2, 3, 4 and he took one pistol himself. Thereafter, Rajesh Ram tried to make fire but on intervention of villagers he succeeded to flee away, while the Pistol of Rameshwar Ram, petitioner no. 3 was snatched by the villagers. In that course, petitioner no. 5 caused injury to Bijay Ram, son of the informant through brick. Learned counsel for the petitioners submits that petitioners and the informant are agnates and due to land dispute occurrence took place and on the basis of written report of coaccused, Bipin Kumar, son of petitioner no. 1, Haspura P.S. Case No. 93 of 2016 was instituted against the informant and others. It is further submitted that it would appear from the F.I.R. that only attempt of firing was made but none had sustained injury and the pistol is said to be recovered from possession of the Rameshwar Ram, petitioner no.3 by the villagers.

Having regard to the facts and circumstances of the case, 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. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Daud

Nagar, Aurangabad, in connection with Haspura P.S. Case No. 94 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T