Baijnath Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66240 of 2024 Arising Out of PS. Case No.-359 Year-2024 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Baijnath Ram Son of Chandra Ram Resident of Village - Karmalihata, P.S. - Siwan Mufassil, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Singh, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-01-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Siwan Mufassil P. S. Case No.359 of 2024 under Sections 341, 323, 324, 325, 307, 379, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against 7 named accused persons including the petitioner against whom there is allegation that they have assaulted the informant and his relatives due to which injury on the head took place and allegation of snatching gold chain is also there in the F.I.R.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that both informant and petitioner are resident of same village

Patna High Court CR. MISC. No.66240 of 2024(4) dt.31-01-2025 2/3 and land dispute exists between them as it is indicated in the F.I.R. itself.

5. Learned Counsel further submits that scuffling took place from both sides and injury has also occurred to both sides. He further submits that there is case and counter case which is Annexure-1 and 2 of the bail petition i.e., Siwan Mufassil P.S. Case No.358 of 2024 and Siwan Mufassil P.S. Case No.359 of 2024 lodged from the petitioner and informant's side.

6. Learned Counsel also submits that antecedent of the petitioner is not clean. There is one criminal case pending against him in which he is on bail. Counsel also submits that the co-accused, who is brother of the present petitioner, has been granted bail by this Court vide order dated 12.11.2024 passed in Cr. Misc. No. 75923/2024.

7. Learned APP for the State opposes the prayer for bail.

8. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in

Patna High Court CR. MISC. No.66240 of 2024(4) dt.31-01-2025 3/3 connection with Siwan Mufassil P. S. Case No.359 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T