Kumanchand Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74501 of 2018 Arising Out of PS. Case No.-151 Year-2017 Thana- NAWANAGAR District- Buxar ======================================================

1. Kumanchand Ram, S/o Late Ramminat Ram,

2. Surendra Ram, S/o Late Ramdev Ram,

3. Kamla Ram, Late Baliram,

4. Harilal Ram, S/o Sitaram Ram,

5. Ashok Ram, S/o Late Ramminat Ram,

6. Munna Ram @ Azad Ram @ Azad Sen, S/o Late Madan Ram, All are Resident of Village- Parmanpur, P.S. Nawanagar, DistrictBuxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Gupta For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-12-2018 Heard both sides.

The petitioners apprehend their arrest in Nawanagar P.S. Case No.151 of 2017 for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant alleged that wife of Banshi Ram, wife of Hareram Ram and others were cutting plants of green paddy from the field of the informant. When the informant asked not to cut green plants of paddy, they called her male members and assaulted the informant and his brother, Chandan Choubey. The learned counsel for the petitioners submits that petitioners are of course named in the F.I.R. but no specific

Patna High Court Cr.Misc. No.74501 of 2018(2) dt.19-12-2018 2/2 allegation of assault is made against the petitioners. There is a land dispute between two sides. Shivshankar Choubey got simple injury. Chandan Choubey got grievous injury but Hareram Ram and Jhabar Ram are alleged to have assaulted Chandan Choubey and Rajnish Choubey. Hareram and Jhabar are not the petitioners.

Considering the aforesaid facts and nature of allegation made against the petitioners and the fact that there is no specific allegation of assault against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Nawanagar P.S. Case No.151 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T