Ram Ji Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79872 of 2018 Arising Out of PS. Case No.-135 Year-2018 Thana- PAKRIDAYAL District- East Champaran ====================================================== Ram Ji Sah, son of Banarsi Sah, resident of village-Sundarpatti, Police Station-Pakaridayal, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-01-2019 The petitioner seeks bail in anticipation of his arrest in connection with pakaridayal P.S. Case No. 135 of 2018, dated 19.07.2018, instituted for the offences under Sections 147, 148, 149, 341, 323, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act. With respect to a counter claim over a plot of land, an occurrence took place in which the petitioner, his father and his brothers came to the house of the informant and assaulted him. Later, it has been alleged that the petitioner fired from his weapon which hit the father of the informant in his stomach.

The learned counsel for the petitioner has however

Patna High Court Cr.Misc. No.79872 of 2018(2) dt.16-01-2019 2/2 drawn the attention of this Court to the injury report which describes the injury on the father of the informant to be simple in nature but caused by a rapidly moving missile. Regard being had to the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner. The prayer for grant of anticipatory bail of the petitioner is, accordingly, rejected.

However, should the petitioner surrender before the Court below within a period of four weeks and seek regular bail, the Court below shall look into all aspects of the matter which will include rival claims over a plot of land and simple injury suffered by the father of the informant on a non-vital portion of his body and shall, thereafter, pass orders in accordance with law on its own merits, without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court. (Ashutosh Kumar, J) Praveen-II/- U T