Binod Ram @ Binod Mochi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58960 of 2022 Arising Out of PS. Case No.-114 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

BINOD RAM @ BINOD MOCHI Son of Janak Mochi Resident of village - Karor Ward No.- 17, P.S. Cheria Bariyarpur, District - Begusarai 2.

Ranjeet Ram @ Ranjeet Mochi Son of Shibu Ram Resident of village - Karor Ward No.- 17, P.S. Cheria Bariyarpur, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhushan Poddar, Adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in a case registered for offence punishable u/s 147, 148, 149, 323, 307, 379, 354, 506 of IPC.

Allegedly, the petitioners having iron rod, lathi-danda in their hands came and started abusing the husband of the informant and on objection by the informant, accused petitioner Binod Ram dragged her by holding her hair and assaulted with iron rod on her head. When her daughters came there to save her, they were also assaulted with lathi-

Patna High Court CR. MISC. No.58960 of 2022(2) dt.22-12-2022 2/3 danda and rod by all the accused persons.

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. No such occurrence, in the manner as alleged, has ever taken place. There is no specific allegation against the petitioners. The informant and accused persons are neighbour and has a land dispute between the both parties, due to this reason the informant filed the present case and made serious allegation against the petitioners. Though the allegation against petitioners is of assaulting the informant by means of iron rod but as per the injury report, the injury is simple in nature. Petitioners have one criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since the injury is simple in nature, 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.

Patna High Court CR. MISC. No.58960 of 2022(2) dt.22-12-2022 3/3 learned court below where the case is pending/Successor Court in connection with Bariyarpur P.S. Case No.114 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T