Raj Kumar @ Raj Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70300 of 2022 Arising Out of PS. Case No.-6 Year-2022 Thana- NTPC KHAIRA District- Aurangabad ====================================================== 1.

RAJ KUMAR @ RAJ KUMAR RAM Son of Bhuli Ram R/V- Bandrahi, P.S- Navinagar, Dist- Aurangabad (Bihar) 2.

Ramnaresh Ram @ Ramnaresh Kumar @ Ramnaresh Kumar Ravidas Son of Bhuli Ram R/V- Bandrahi, P.S- Navinagar, Dist- Aurangabad (Bihar) 3.

Sudesh Ram @ Sudesh Kumar Das Son of Dukhi Ram R/V- Bandrahi, P.SNavinagar, Dist- Aurangabad (Bihar) 4.

Ravi Kumar Son of Nandu Ram R/V- Bandrahi, P.S- Navinagar, DistAurangabad (Bihar) 5.

Jitendra Kumar @ Jitendra Ram Son of Minat Ram R/V- Bandrahi, P.SNavinagar, Dist- Aurangabad (Bihar) 6.

Sikendra Ram @ Sikendra Kumar Das Son of Minat Ram R/V- Bandrahi, P.S- Navinagar, Dist- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Leelawati Kumari, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 325, 379, 448, 354, 504, 34 of the IPC.

As per the prosecution case, the F.I.R. named accused persons including the petitioners indiscriminately assaulted the informant's side by means of various weapons.

Patna High Court CR. MISC. No.70300 of 2022(2) dt.28-02-2023 2/3 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Specific allegation is against petitioner no.1 and one co-accused Dev Kumar Ram but it is pertinent to mention that the alleged occurrence is said to have taken place on 10.02.2022 but the F.I.R. was lodged on 03.03.2022 i.e. after delay of more than 23 days, without giving any plausible explanation, which itself creates doubt about the prosecution case. Petitioners have no criminal antecedent, which is also mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case and considering the delay in lodging of the F.I.R., let the above named petitioners, 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

Patna High Court CR. MISC. No.70300 of 2022(2) dt.28-02-2023 3/3 of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with N.T.P.C. Khaira P.S. Case No.06 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T