Guddu Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42654 of 2014 Arising Out of PS.Case No. -39 Year- 2014 Thana -CHENARI District- SASARAM (ROHTAS) ======================================================

1. Bimal Ram Son of Late Vishwa Nath Ram

2. Bullu Ram @ Nagendra Ram Son of Bimal Ram Both residents of Village-Narena, P.S.-Chenari, District-Rohtas. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.42929 of 2014 Arising Out of PS.Case No. -39 Year- 2014 Thana -CHENARI District- SASARAM (ROHTAS) ======================================================

1. Rinku Ram

2. Pintu Ram Both Son of Triveni Ram Both Village-Naraina, P.S.- Chenari, District- Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.43815 of 2014 Arising Out of PS.Case No. -39 Year- 2014 Thana -CHENARI District- SASARAM (ROHTAS) ======================================================

1. Guddu Ram son of Biput Ram

2. Upendra Ram son of Jag Bahadur Ram

3. Raj Ballabh Ram son of Sheo Lakhan Ram

4. Amitabh Ram son of Bijay Ram

5. Rajbansh Ram son of Late Budhan Ram

6. Ashok Ram son of Jhalar Ram All residents of Village Naraina, P.S. Chenari, District - Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.42654 of 2014) For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Sangita Sharma (App)

2/4 (In Cr.Misc. No.42929 of 2014) For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Rina Sinha(App) (In Cr.Misc. No.43815 of 2014) For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-04-2015 Heard learned counsel for the petitioners in all the above mentioned criminal miscellaneous applications as well as learned counsel for the State.

All these three criminal miscellaneous applications are for the same occurrence and as such all have been heard together and are being disposed of by passing this common order. In these applications for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 147, 148, 149, 341, 323, 504 and 307 of the I.P.C and section 27 of the Arms Act.

Allegedly, when the informant Mannu Kumar @ Niranjan Kumar came at the door of Baidyanath Sharma singing Holi, all of a sudden these petitioners armed with lathi and gahdal started assaulting Binod Singh, Sardar Paswan and Deomuni Singh and petitioner Rajbansh Ram fired from gun causing injury to Bullu Ram near his eye.

Submission is of false implication and that there is

3/4 case and counter case. On the statement of Ugrah Narayan Ram Chenari P.S. Case No. 38 of 2014 has been registered under sections 341, 323, 379, 307, 34 and 504 of the I.P.C, Section 27 of the Arms Act and Sections 3 (i) (x) of the SC/ST Act and only with a view to save the skin from that case the petitioners have been implicated falsely.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for pre-arrest bail by submitting that during investigation the witnesses have supported the prosecution case and all the injured has sustained serious injury.

Considering the allegation that petitioner Rajbansh Ram fired from gun which caused injury to Bullu Ram near his eye, this Court is not inclined to grant privilege of pre-arrest bail to Rajbansh Ram (Petitioner in Cr. Misc. No. 43815 of 2014). Accordingly, his such prayer is rejected.

But sofar rest of the petitioners are concerned, considering that there is case and counter case and as such the petitioners in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the

4/4 satisfaction of. Shri Ambika Prasad Choudhary, J.M. 1st Class, Rohtas at Sasaram in Chenari P.S. Case No. 39 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T