Uttam Ram @ Buchcha Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8298 of 2018 Arising Out of PS.Case No. -8 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Uttam Ram @ Buchcha Ram, S/o Yaddu Ram @ Jaddu Ram,

2. Tinku Ram, S/o Yaddu Ram @ Jaddu Ram,

3. Surendra Ram @ Khunna Ram, S/o Late Lalkeshwar Ram,

4. Chhotu Ram, S/o Late Lalkeshwar Ram,

5. Nawal Ram, S/o Sadhu Ram,

6. Kedar Ram, S/o Sadhu Ram, All are resident of Village- Bikkam, Police Station- Lakhisarai, District- Lakhisarai.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Amrendra Kumar, Advocate. For the Opposite Party : Mr. Ashok Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 148, 149, 353, 307, 332, 333, 504 of the IPC, 27 of the Arms Act, 30(a), (c) (D) and 41(a) and 45 of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that on 07.01.2017 at about 8.45 P.M., on secret information, the informant alongwith other police officials raided the Village-Bikkam and broken the Chulha at Nahar. However, no body was present there. After

Patna High Court Cr.Misc. No.8298 of 2018 (2) dt.13-02-2018 2/3 warning, the informant and others returned. After some time, the informant got information that accused persons open firing. The informant and others again went there. After seeing the police, the accused persons fled away. Accused persons also fired at the roof of the house of Chaukidar Dashrath Ram.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The name of the petitioners has come on the basis of suspicion. As far as other offences under I.P.C. are concerned, they are not attracted against the petitioners nor the offence under Bihar Prohibition and Excise Act, 2016 is attracted against the petitioners as there is no recovery of any liquor from possession of the petitioners. The petitioners had no knowledge regarding the alleged incidents.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like

Patna High Court Cr.Misc. No.8298 of 2018 (2) dt.13-02-2018 3/3 amount each to the satisfaction of the learned C.J.M. Lakhisarai, in connection with Lakhisarai P.S. Case No. 08 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T