Saroj Ram @ Saroj Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54171 of 2022 Arising Out of PS. Case No.-239 Year-2021 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== 1.

SAROJ RAM @ SAROJ KUMAR RAM, S/o Late Munilal Ram Resident of Mohalla- Sikendarpur, P.S.- Mojahidpur, District- Bhagalpur. 2.

Anju Devi, W/o Arun Ram Resident of Mohalla- Sikendarpur, P.S.- Mojahidpur, District- Bhagalpur.

3.

Badal Ram @ Ravi Kumar Singh, S/o Late Munilal Ram Resident of Mohalla- Sikendarpur, P.S.- Mojahidpur, District- Bhagalpur. 4.

Puja Devi @ Swati Singh, W/o Saroj Ram @ Saroj Kumar Ram Resident of Mohalla- Sikendarpur, P.S.- Mojahidpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-01-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 308, 504, 354 and 506 read with Section 34 of the Indian Penal Code.

The allegation against the petitioners is of abusing

Patna High Court CR. MISC. No.54171 of 2022(2) dt.18-01-2023 2/3 and assaulting with brick on the head of the informant and also assaulted the family members of the informant with iron rod and lathi.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. There is general and omnibus allegation against the petitioners. During the investigation, no material has come up on record against the petitioners. He has further submitted that the present case is counter blast case of Mojahidpur P.S. Case No. 240 of 2021 which has been lodged against the informant. The petitioners have got clean antecedent as stated in para 3 of the bail petition. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bonds of Rs. 20,000/-(Twenty Thousand)each with two sureties of the like amount each to the satisfaction of Court concerned, Bhagalpur in connection with Mojahidpur P.S. Case No. 239

Patna High Court CR. MISC. No.54171 of 2022(2) dt.18-01-2023 3/3 of 2021, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T