Lalmohar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52581 of 2019 Arising Out of PS. Case No.-314 Year-2016 Thana- SHIVSAGAR District- Rohtas ====================================================== LALMOHAR RAM Son of Pragas Ram Resident of Village-Chhotki Chenari, P.S-Shivsagar, District-Rohtas (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh No.10 For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-08-2019 The petitioner apprehends his arrest in connection with Shiv Sagar P.S.Case No. 314 of 2016 registered under Sections 323,341,353,504 and 506/34 of the Indian Penal Code. Allegation against the petitioner, as per FIR lodged by Chaukidar, is that when Chaukidar visited the residence of one Uma Ram @ Vijay Ram in the village to serve summons issued by the court for the purpose of his appearance as a witness, said Uma Ram @ Vijay Ram assaulted the informant and threatened him with dire consequences also. It has further been alleged that petitioner instigated co-accused Uma Ram @ Vijay Ram to assault the informant.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to village politics. He submits that petitioner is 66 years old and is a retired

Patna High Court CR. MISC. No.52581 of 2019(2) dt.23-08-2019 2/2 teachers having no criminal antecedent and the only allegation against him is that he instigated Uma Ram @ Vijay Ram to assault the informant and court notice was not to be served upon the petitioner.

After having heard learned counsel for the parties and taking into consideration the fact that the informant had visited the house of Uma Ram @ Vijay Ram for serving summon upon him relating to a land dispute having no connection with the petitioner as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Sasaram, Rohtas in connection with Shiv Sagar P.S.Case No. 314 of 2016; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T