Gulab Chand Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60059 of 2024 Arising Out of PS. Case No.-587 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== 1.

Gulab Chand Ram S/o Late Motilal Ram, R/v- Barhara ward no 12, P.SNarpatganj, Distt- Araria 2.

Mastan Ram S/o Late Motilal Ram, R/v- Barhara ward no 12, P.SNarpatganj, Distt- Araria ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-09-2024 Heard Mr. Mukesh Kumar Rana, the learned counsel for the petitioners and Mr. Jagdhar Prasad, the learned Additional Public Prosecutor for the State.

2.

The petitioners are apprehending their arrest in connection with Narpatganj PS Case No. 587 of 2023, FIR dated 11.10.2023, registered for the offences punishable under Sections 341, 323, 324, 307, 354(B), 379, 504 and 506 read with Section 34 of the Indian Penal Code.

3.

According to the prosecution case, the co-accused persons were throwing stones and bricks on the house of informant and when the informant objected to the same, the coaccused persons namely, Gulab Chand Ram and Mastan Ram assaulted the informant by means of farsa and sword

Patna High Court CR. MISC. No.60059 of 2024(2) dt.11-09-2024 2/3 respectively due to which he sustained head injury. It is further alleged that the co-accused persons also misbehaved with the niece of the informant, assaulted her by means of farsa and snatched her ornaments.

4.

Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case and the allegation levelled in the FIR is false and fabricated and the petitioners have not committed any offence as alleged in the FIR. He lastly submits that FIR in the present case has been instituted after three days of the alleged occurrence and there is case and counter case between the parties as well.

5.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioners and submits that from perusal of the FIR, it appears that there is direct and specific allegation against the petitioners that they have assaulted the informant with a common intention and consequently informant has received two injuries and injury report of the informant suggests that out of two injuries, one injury is simple in nature while the other is grievous in nature.

6.

Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.60059 of 2024(2) dt.11-09-2024 3/3 and mainly the fact that there is direct allegation against the petitioners, I am not inclined to grant the privilege of anticipatory bail to the petitioners in connection with Narpatganj PS Case No. 587 of 2023, pending in the Court of learned Chief Judicial Magistrate, Araria.

7.

Prayer is refused.

(Rajesh Kumar Verma, J) Shahnawaz/- U T