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Patna High CourtCR. MISC./75208/2023bail granted

Bhuti Ram @ Bhabhuti Ram v. The State Of Bihar

2023-11-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75208 of 2023 Arising Out of PS. Case No.-64 Year-2023 Thana- DHANAHA District- West Champaran ====================================================== 1.

BHUTI RAM @ BHABHUTI RAM, Son Of Late Munar Ram Resident Of Village - Tamkuha, Police Station - Dhanha, District - West Champaran 2.

DHRUP RAM, Son Of Late Munar Ram Resident Of Village - Tamkuha, Police Station - Dhanha, District - West Champaran 3.

SHIVNATH RAM, Son Of Late Munar Ram Resident Of Village - Tamkuha, Police Station - Dhanha, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Milind Kumar Mishra, Advocate For the State :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2023 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 307, 504 and 379 of the Indian Penal Code.

3. As per FIR, on the alleged date and time of occurrence, while the informant was in his purchased land in the meantime all the accused persons named in the FIR including these petitioners arrived their. It is further alleged that Petitioner No. 1, Bhuti Ram, gave order to kill the informant upon which other accused persons dashed the informant on the ground and tied his neck with gamcha. It is further alleged that during course of assault, accused persons took away five thousand rupees from the pocket of the informant.

Patna High Court CR. MISC. No.75208 of 2023(2) dt.29-11-2023 2/2

4. It is submitted by learned counsel for the petitioners that this false and concocted case has been lodged against the petitioner due to the personal grudge and annoyance caused by two cases of SC./S.T. Act lodged against the informant and his family members by the petitioners' side. Allegation of snatching away cash from the informant is ornamental.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, the prayer for anticipatory bail of the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bagaha, West Champaran, in connection with Dhanha P.S. Case No.64 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T