Navin Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71455 of 2023 Arising Out of PS. Case No.-77 Year-2023 Thana- BHAWANIPUR District- Purnia ====================================================== 1.
Navin Ram, aged about 59 years, Gender-Male, Son of Prithwi Ram. 2.
Praveen Ram @ Prawin Kumar Ram, aged about 44 years, Gender-Male, son of Prithwi Ram.
3.
Shambhu Ram, aged about 65 years, Gender-Male, Son of Kishun Ram. 4.
Ambhu Ram @ Ambho Ram, aged about 48 years, Gender-Male, Son Of Kishun Ram.
All residents Of Village - Akbarpur, Ward No.12, P.S. - Bhawanipur (Akbarpur), Disrict - Purnea.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-11-2023 Heard Mr. Bijendra Kumar Singh, learned counsel appearing on behalf of the petitioners and Mr. Chandra Bhushan Prasad, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Bhawanipur (Akbarpur) P.S. Case No. 77 of 2023 registered for the offence punishable under Sections 147, 149, 341, 323, 324, 325, 307, 504 and 506 of the Indian Penal Code.
3. FIR is against 21 named accused persons, who with a common intention had tried to kill the nephew of the informant namely, Raban Kumar and Sagar Kumar. Specific
Patna High Court CR. MISC. No.71455 of 2023(2) dt.07-11-2023 2/3 allegation of assault is on Kamlesh Ram and Ranjeet Ram.
4. Learned counsel appearing on behalf of the petitioners submitted that general and omnibus allegation has been levelled against the four petitioners. Specific allegation is against co-accused Kamlesh Ram and Ranjeet Ram, who are alleged to have assaulted the nephew of the informant, who had sustained injury. There is case and counter case between the parties. Petitioners have clean antecedent. On these grounds, petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation being general and omnibus allegation against the petitioner and specific allegation against two persons, namely, Kamlesh Ram and Ranjeet Ram. Petitioners have clean antecedent. I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.
7. 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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.71455 of 2023(2) dt.07-11-2023 3/3 satisfaction of learned S.D.J.M., Purnea, in connection with Bhawanipur (Akbarpur) P.S. Case No. 77 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
8. The Court below is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T