Birendra Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54467 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -ALAMNAGAR District- MADHEPURA ======================================================

1. Birendra Ram, S/o Pulkit Ram

2. Parmanand Ram, S/o Dorik Ram

3. Jay Prakash Ram, S/o late Sitaram Ram

4. Pinku Ram, S/o Jay Prakash Ram

5. Ajay Ram, S/o Sudhir Ram All Resident of Vilage-Mahadipur Police Station-Alamnagar, DistrictMadhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Verma For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are seeking anticipatory bail in connection with Alamnagar P.S. Case No.9 of 2018 registered for offences punishable under Sections 341, 323, 379, 384, 354-B, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that on perusal of the First Information Report it would appear that the case in question has arisen out of a land dispute. As per the allegations, the accused persons including the petitioner no.5 were constructing a hut on the informant's land. It is alleged that when

Patna High Court Cr.Misc. No.54467 of 2018 (2) dt.08-10-2018 the informant tried to forbid them by showing panchnama then the co-accused tore it down, abused and assaulted the informant. It is submitted that as per the allegations there is general and omnibus allegations that when the informant started running away then he was surrounded and assaulted by petitioner nos. 1 to 4 along with other co-accused.

Learned counsel submits that in fact no injury has been found on the body of the informant, the petitioners have no criminal antecedent and the co-accused has been granted privilege of anticipatory bail in Cr.Misc.No.58979 of 2018. Learned APP for the State is present and has opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case where it seems to be a case of land dispute, there is a case and counter case and it is submitted that the there are general and omnibus allegations against the petitioners of assault without there being any injury, in case of arrest or surrender of the petitioners within a period of four weeks from today, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs.15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Udakishunganj (Madhepura) in connection with Alamnagar P.S.

Patna High Court Cr.Misc. No.54467 of 2018 (2) dt.08-10-2018 Case No.9 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Rajeev Ranjan Prasad, J) Arvind/- U T