Shri Niwas Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74560 of 2023 Arising Out of PS. Case No.-14 Year-2023 Thana- KUCHILA District- Kaimur (Bhabua) ====================================================== 1.

SHRI NIWAS RAM SON OF LATE SHIDHNATH RAM RESIDENT OF VILLAGE - MUKHRAWN,P.S. - KUCHILA, DISTRICT - KAIMUR AT BHABUA 2.

RAMESHWAR RAM SON OF UMA RAM RESIDENT OF VILLAGE - MUKHRAWN,P.S. - KUCHILA, DISTRICT - KAIMUR AT BHABUA 3.

BIRENDRA RAM @ TAPPU RAM SON OF UMA RAM RESIDENT OF VILLAGE - MUKHRAWN,P.S. - KUCHILA, DISTRICT - KAIMUR AT BHABUA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2023 Heard the parties.

2. Petitioner apprehends their arrest in connection with Kuchhila P.S. Case No.14 of 2023, registered for the offences 147, 148, 149, 447, 341, 323, 307, 427, 295(A), 504, 506 of the IPC and 27 of Arms Act.

3. Learned counsel for the petitioners seeks permission to withdraw this application as against the petitioner no.2, as he has been arrested by the police during the pendency of the bail application.

4. Permission is granted.

5. Accordingly, this application as against the petitioner

Patna High Court CR. MISC. No.74560 of 2023(2) dt.01-12-2023 2/3 no.2 is dismissed as withdrawn.

6. Now, this application is being heard with regard to the petitioner nos.1 and 3 only.

7. Allegedly, the petitioners along with other co-accused persons committed trespass, caused damage to public property and temples, threatened others and fired gunshot in public place.

8. 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. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that for the same occurrence two FIRs has been lodged, one by the C.O and another by a co-villager. Petitioner no.1 has one criminal antecedent and petitioner no.3 has no criminal antecedent.

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

10. Having regard to the facts and circumstances of the case, let the above named petitioner no.1 and 3, 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

Patna High Court CR. MISC. No.74560 of 2023(2) dt.01-12-2023 3/3 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 Kuchhila P.S. Case No.14 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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