Narayan Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51098 of 2021 Arising Out of PS. Case No.-381 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== GANESH RAM @ GHUTRA @ GANESH KUMAR SINGH S/o Late Shyam Singh R/o village- Kajwalichak, P.S.- Tatarpur, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 70888 of 2021 Arising Out of PS. Case No.-381 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== NARAYAN RAM Son of Late Jagdish Ram Resident of Mohalla- G.N. Mukherjee Road, Bhikhanpur, P.S.- Ishakchak, District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 51098 of 2021) For the Petitioner/s :
Mr. Ranjan Kumar Jha, Adv.
For the Opposite Party/s :
Dr. Ajeet Kumar, APP (In CRIMINAL MISCELLANEOUS No. 70888 of 2021) For the Petitioner/s :
Mr. Ranjan Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-02-2022 Heard learned counsel for the parties through video conferencing.
Both the petitioners have preferred their respective applications for grant of regular bail in connection with Kotwali (Barari) P.S. Case no.381 of 2021 registered under sections 341, 323, 307, 120B, 504, 506 and 34 of the Indian Penal Code and
Patna High Court CR. MISC. No.51098 of 2021(2) dt.25-02-2022 2/3 section 27 of the Arms Act.
As per the prosecution case, although the elder brother of the informant had entered into an agreement with Trigun Prasad Rai, however subsequently Pinki Kumari along with her brother-in-law Narayan Ram (petitioner in Cr. Misc. no.70888 of 2021) as also another brother-in-law Ganesh Ram (petitioner in Cr. Misc. no.51098 of 2021) entered into an agreement with another person. Since then they started to pressurize the informant. It is stated that on the date of occurrence, the accused persons namely Kapil Yadav, Anil Yadav, Mithun Ram and Golu Sah came variously armed and as a result of indiscriminate firing by them, the three of the nephews of the informant sustained gunshot injuries. Thereafter, it is stated that Ramjan Ali @ Pintu went away abusing and giving threats.
It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. The co-accused Pinki Kumari has been enlarged on anticipatory bail. Even from the contents of the F.I.R., no overt act has been alleged against these two petitioners who are in custody since 12.6.2021 and 3.9.2021 and have no criminal antecedent. Chargesheet has been submitted in the case.
Patna High Court CR. MISC. No.51098 of 2021(2) dt.25-02-2022 3/3 Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioners not having criminal antecedent and chargesheet having been submitted in the case, the Court directs the two petitioners to be enlarged on bail in connection with Kotwali (Barari) P.S. Case no.381 of 2021 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur.
(Partha Sarthy, J) Saurabh/- U T