Pramod Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76688 of 2023 Arising Out of PS. Case No.-38 Year-2021 Thana- CHHATAPUR District- Supaul ====================================================== 1.

Pramod Ram Son Of Late Ram Prasad Ram Resident Of Village- Dehariya, Ward No. 5, P.S.- Chhatapur, District- Supaul. 2.

Chandan Ram Son Of Late Buchan Ram Resident Of Village- Dehariya, Ward No. 5, P.S.- Chhatapur, District- Supaul. 3.

Raja Kumar Son Of Late Buchan Ram Resident Of Village- Dehariya, Ward No. 5, P.S.- Chhatapur, District- Supaul.

4.

Chhotu Ram Son Of Shri Upendra Ram Resident Of Village- Dehariya, Ward No. 5, P.S.- Chhatapur, District- Supaul. 5.

Sanjeet Ram Son Of Late Raghunandan Ram Resident Of Village- Dehariya, Ward No. 5, P.S.- Chhatapur, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrit Abhijat, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 29-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Chhatapur. P.S. Case No. 38 of 2021 dated 11.02.2021, instituted for the offence punishable under Sections 147, 148, 324, 307, 427, 504, 506 of the Indian Penal Code.

3. The prosecution case, in short, is that on 10.02.2021, when the informant was doing his work at his door, the accused petitioners along with one other co-accused armed

Patna High Court CR. MISC. No.76688 of 2023(2) dt.29-11-2023 2/3 with various weapons came to the door of informant and started abusing. Sanjeet Ram assaulted him on his head by means of iron rod and when the elder brother and nephew of informant came to rescue him, they were also assaulted by means of farsa, lathi and danda.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that petitioners and informant are neighbours. Learned counsel further submitted that there is no specific allegation against petitioner nos. 1 and 2. The specific allegation of assault is against petitioner nos. 3, 4 and 5, who assaulted the informant and other persons and the injury received by the injured is simple in nature. It is further submitted that there is a case and counter case between the parties. It is further stated that the present case is a counter-blast of earlier instituted Chhatapur P.S. Case No. 37 of 2021 which was filed against the informant. Lastly, it has been submitted that the petitioners have no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in

Patna High Court CR. MISC. No.76688 of 2023(2) dt.29-11-2023 3/3 the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Chhatapur. P.S. Case No. 38 of 2021, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Supaul, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Sankalp/- U T