Baijnath Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64462 of 2022 Arising Out of PS. Case No.-171 Year-2022 Thana- PANDAUL District- Madhubani ====================================================== 1.

BAIJNATH RAM S/o Nageshwar Ram R/o Village- Khangaon, P.S.- Pandaul, Distt- Madhubani.

2.

Mahesh Ram S/o Baijnath Ram R/o Village- Khangaon, P.S.- Pandaul, DisttMadhubani. 3.

Rakesh Ram @ Rakesh Kumar Ram S/o Baijnath Ram R/o VillageKhangaon, P.S.- Pandaul, Distt- Madhubani. 4.

Asha Devi W/o Baijnath Ram R/o Village- Khangaon, P.S.- Pandaul, DisttMadhubani. ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354, 379, 504 & 506/34 of the Indian Penal Code. All the accused persons named in the F.I.R. having with deadly weapons came to the informant and assaulted the informant and his family members by their respective arms. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.64462 of 2022(2) dt.17-01-2023 2/3 Petitioners have been falsely implicated in this case due to enmity, grudge and dirty village politics. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The present case is counter blast of C.R. Case No.768 of 2022 filed by petitioner no.2. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Having regard to the facts and circumstances of the case as well as the fact that injuries caused by petitioner nos.1, 3 & 4 are simple in nature, let the above named petitioner nos.1, 3 & 4, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Pandaul P.S. Case No. 171 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Considering the facts and circumstances of case as well as the fact that the injuries caused by petitioner no.2 is grievous in nature, I am not inclined to enlarge petitioner no.2 on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, petitioner no.

Patna High Court CR. MISC. No.64462 of 2022(2) dt.17-01-2023 3/3 directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) Trivedi/- U T