Mithai Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58933 of 2023 Arising Out of PS. Case No.-220 Year-2022 Thana- MAIRWAN District- Siwan ====================================================== 1.
Mithai Ram, son of Mahadev Ram @ Mahai Ram, Village- Sewatapur PsMairwa Dist- Siwan 2.
Brijendra Ram, son of Lalit Ram, Village- Sewatapur Ps- Mairwa DistSiwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :
Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-09-2023 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in connection with Mairwa P.S. Case No. 220/2022 registered on 29.05.2022 for the offences punishable under Sections 341, 323, 324, 307, 302, 504, 506/34 of the Indian Penal Code.
3. As per the prosecution, all 14 FIR named accused persons including these petitioners assaulted the husband and son of the informant with lathi, danda, farsa etc on account of which her son sustained injuries and died during treatment.
4. It is submitted by learned counsel for the petitioners that the petitioners are innocent and have committed
Patna High Court CR. MISC. No.58933 of 2023(2) dt.20-09-2023 2/2 no offence. In fact, they have falsely been implicated in the present case. Petitioners are agnate of the informant and there is long-standing land dispute between them. The accusation is omnibus and general. Similarly situated co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 23.06.2023 passed in Criminal Miscellaneous No. 14600/2023. Petitioner no.1 is accused in one more case whereas the antecedent of petitioner no.2 is clean.
5. Learned APP for the State opposes the prayer for bail of the petitioners.
6. In the facts and circumstances, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-VII, Siwan in connection with Mairwa P.S. Case No. 220/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J) Ashwini/- U T