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Patna High CourtCR. MISC./61587/2019bail granted

Arun Ram @ Arun Rama v. The State Of Bihar

2019-10-16Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61587 of 2019 Arising Out of PS. Case No.-211 Year-2018 Thana- RAJAPAKAR District- Vaishali ====================================================== 1.

Arun Ram @ Arun Rama, aged about- 32 years, Gender Male, Son of Dhayani Ram @ Dhayani Ram, Resident of Village - Andharwara @ Andhara, P.S.- Rajapakar (Baranti O.P.), Dist.- Vaishali. 2.

Dhayani Rama @ Dhayani aged about-70 years, Gender- Male, Son of Late Sukhdev Ram, Resident of Village - Andharwara @ Andhara, P.S.- Rajapakar (Baranti O.P.), Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners apprehend their arrest in connection with Rajapakar P.S. Case No. 211 of 2018 registered under sections 341, 323, 324, 325, 354, 379, 307, 504/34 of the IPC. The allegation against the petitioners is that the petitioners along with other accused persons assaulted the brother of the informant and two other persons. Mr. Alok Kumar Alok, learned counsel appearing for the petitioners submits that there is no specific allegation of assault against the petitioners and the allegation of assault is against Arvind Ram and Rajan Ram. Learned counsel further

Patna High Court CR. MISC. No.61587 of 2019(2) dt.16-10-2019 2/2 submits that there is case and counter case between the parties inasmuch as Rajapakar P.S. Case No. 212 of 2018 has been lodged by the side of the petitioners against the side of the prosecution. Learned counsel further submits that the occurrence had taken place on trivial issue of parking of the auto rickshaw.

Having regard to the submissions made by the parties and taking into consideration the fact that there is no specific allegation of assault against the petitioners, I am inclined to grant anticipatory bail to both the petitioners. Accordingly, the petitioners, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A. C.J.M-VII, Vaishali at Hajipur in connection with Rajapakar P.S. Case No. 211 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U