Shankar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70091 of 2023 Arising Out of PS. Case No.-121 Year-2023 Thana- ARIYARI District- Sheikhpura ====================================================== Shankar Ram S/O Gariban Ram R/O Village- Kemra, P.S- Ariyari, Distt.- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Adv.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 448, 341, 342, 504, 506, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegedly, all the FIR named accused persons are said to have caught hold the informant's son with an intent to kill him and thereafter on the order of the petitioner, co-accused Ashok Ram fired upon the informant's son which hit on his right chest due to which he died.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely

Patna High Court CR. MISC. No.70091 of 2023(3) dt.31-01-2024 2/3 implicated in this case. It is admitted land dispute between the parties. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Similarly situated co-accused, namely, Krishna Nandan Ram has been enlarged on bail by this bench vide order dated 29.01.2024 passed in Cr. Misc. No. 69858 of 2023. Petitioner has two criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail and submitted that petitioner is also involved in the present case.

6. Having regard to the facts and circumstances of the case, similarly situated co-accused has been granted bail, let the above named petitioner, be released on bail, in the event of his 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) 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 Ariyari P.S. Case No. 121 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) annpurna/- U T

Patna High Court CR. MISC. No.70091 of 2023(3) dt.31-01-2024 3/3