Chandrabhushan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59707 of 2024 Arising Out of PS. Case No.-606 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== 1.

Chandrabhushan Ram S/O Ram Ashish Ram 2.

Jitu Kumar S/O Chandrabhushan Ram 3.

Brajesh Kumar S/O Chandrabhushan Ram 4.

Bipin Kumar S/O Chandrabhushan Ram 5.

Shobha Devi W/O Chandrabhushan Ram All are R/O Village- Sundarpur, P.S- Koilwar, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-09-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354, 504, 506, 379 and 34 of the IPC in connection with Koilwar P.S. Case No.606 of 2023.

3. The learned counsel for the petitioners submit that petitioners are persons with clean antecedent and the informant alleges that on 07.10.2023 while he was returning to his house from his field when all the accused persons including the petitioners came variously armed and started abusing, on protest, Chandra Bhushan Ram gave orders to kill, thereafter,

Patna High Court CR. MISC. No.59707 of 2024(2) dt.18-09-2024 2/3 Brajesh assaulted the informant by an iron rod causing injury on head and when his wife came to save him, she was also assaulted by all the accused persons and Jitu slammed her on the ground, on account of which her cloth got torn and Shobha snatched golden ornament of the informant's wife worth Rs.30,000/-.

4. The learned counsel for the petitioners submit that petitioners have been falsely implicated in the instant case by the informant. It is also submitted that on account of land dispute an altercation had taken place in which both side assaulted each other. It is also submitted that even presuming what has been alleged is true without admitting then the injuries suffered by the injured is simple in nature, which amply demonstrates that Brajesh never had any intention of causing a serious injury. It is next submitted that as far as allegation of snatching golden ornaments and slamming the wife of the informant on the floor is alleged the same is ornamental in nature. It is further submitted that charge sheet has been submitted, as such no useful purpose would be served by sending the petitioners to jail.

5. The learned APP opposes the anticipatory bail application.

Patna High Court CR. MISC. No.59707 of 2024(2) dt.18-09-2024 3/3

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P.S. Case No.606 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T