Shyam Bihari Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64017 of 2023 Arising Out of PS. Case No.-206 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

SHYAM BIHARI RAM SON OF LATE GUDUR RAM RESIDENT OF VILLAGE - HARGAON, P.S. - CHAINPUR, DISTRICT - KAIMUR (BHABUA) 2.

SHAMBHU RAM SON OF LATE GUDUR RAM RESIDENT OF VILLAGE - HARGAON, P.S. - CHAINPUR, DISTRICT - KAIMUR (BHABUA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Mishra, Advocate.

For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2023 Heard Mr. Rakesh Kumar Mishra, learned counsel appearing on behalf of the petitioners and Dr. Mritunjaya Kumar Gautam, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Chainpur P.S. Case No. 206 of 2023 registered for the offence punishable under Sections 147, 149, 323, 325, 307 and 504 of the Indian Penal Code.

3.As per the allegation made in the F.I.R., the petitioners assaulted on the head of the informant with an intention to kill him. They also assaulted the father of the informant.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.64017 of 2023(2) dt.16-10-2023 2/2 petitioners submits that when the measurement of land was going on, both the parties entered into fierce fight and in course of the same they assaulted each other. There is case and counter case. He further submits that the petitioner might have caused some injury to the informant and his father, but the same was in their self defense and without any intention. Petitioners have clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioners, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-II, Bhabua, Kaimur in connection with Chainpur P.S. Case No. 206 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T