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Patna High CourtCR. MISC./63036/2022allowed

Ramesh Ram v. The State Of Bihar

2023-01-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63036 of 2022 Arising Out of PS. Case No.-17 Year-2022 Thana- ATHMALGOLA District- Patna ====================================================== 1.

RAMESH RAM S/O CHUNNI RAM Resident of Village- Ram Nagar Diyara, P.S.- Ahtmalgola, District- Patna.

2.

SANTOSHI RAM @ SANTOSH KUMAR RAM S/O CHUNNI RAM Resident of Village- Ram Nagar Diyara, P.S.- Ahtmalgola, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Babu, Adv.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 342, 147, 149, 323, 337, 307, 504 of the IPC.

Allegedly, all the FIR named accused persons including these petitioners are said to have assaulted the informant and his father by means of lathi and danda.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case at the instance of their enemies. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is

Patna High Court CR. MISC. No.63036 of 2022(2) dt.12-01-2023 2/2 not specific rather general and omnibus in nature. It is submitted that there is case and counter-case between the parties. Due to a petty dispute, a simple altercation took place between the parties. There is no injury report on record. Petitioners have no criminal antecedent and several similarly situated co-accused have been enlarged on anticipatory bail by co-ordinate Bench of this Court vide order dated 15.11.2022 passed in Cr. Misc. No.33416 of 2022.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Athmalgola P.S. Case No.17 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T