Hareram Sah @ Hareram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62365 of 2022 Arising Out of PS. Case No.-416 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== HARERAM SAH @ HARERAM KUMAR S/o Ratan Sah @ Ramratan Sah R/V- Baghi, P.S.- Begusarai Town (Lohiyanagar), Distt- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar, Advocate For the Opposite Party/s :
Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-05-2023 Heard the parties.
The petitioner is apprehending arrest in connection with Begusarai Town (Lohiyanagar) P.S. Case No. 416 of 2022 under sections 341, 323, 379, 307, 504, 506 and 34 of the Indian Penal Code lodged on 13.7.2022 by the informant Binod Sah. The prosecution story, in brief, is that on 13.7.2022, while the informant alongwith his brother were in their house, all the accused persons, armed variously arrived at his door and started abusing them due to land dispute. One of the accused demanded a sum of Rs. 50,000/- as extortion money. Thereafter, co-accused Hareram Sah assaulted the informant on his head with an iron rod while accused Jawahar Kumar snatched his gold chain.
Despite undertaking given on 3.5.2023 to the earlier
2/4 bench, no supplementary affidavit has been filed and as such the petitioner is liable to pay Rs. 1000/- to the Patna High Court Legal Services Committee.
Learned counsel for the petitioner submits that a scuffle took place which resulted into case and counter case and Begusarai Town ((Lohiyanagar) P.S. Case No. 415 of 2022 by the informant side being earlier to the present case. He has further taken to this Court to the injury report to show that the same has been found to be simple in nature issued by the Sadar Hospital, Begusarai.
The last contention of the petitioner is that irrespective of the outcome of the present case and/or without accepting the allegation, the petitioner on his own would like to provide medical assistance of Rs. 10,000/- to the informant side. Taking into account the aforesaid submission put forward by the learned counsel for the petitioner, injury report showing the same as simple in nature and he do not have criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail subject to the payment of Rs. 10,000/- with conditions.
Let the petitioner be released on bail in the event of his arrest or surrender within a period of four weeks from the
3/4 receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town (Lohiyanagar) P.S. Case No. 416 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with the following further conditions.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
4/4 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the anticipatory bail application is allowed.
(Rajiv Roy, J) Ravi/Kiran U T