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Patna High CourtCR. MISC./79634/2024allowed

Umesh Ram v. The State Of Bihar

2024-11-28Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79634 of 2024 Arising Out of PS. Case No.-730 Year-2015 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.

Umesh Ram Son of Late Bhikhan Ram Resident of Village - Barathi, P.S. - Sasaram (M), District - Rohtas at Sasaram (Bihar) 2.

Dhanwarti Devi Wife of Late Bhikhan Ram Resident of Village - Barathi, P.S. - Sasaram (M), District - Rohtas at Sasaram (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Kumar Deo, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-11-2024 Heard learned counsel for the petitioners and Mr. Mithlesh Kumar Khare, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sasaram(M) P.S. Case No. 730 of 2015 instituted for the offence under Section 341, 323, 307, 337, 338, 504, 506 and 34 of the Indian Penal Code.

3. The case of the prosecution is that petitioners along with other accused persons being armed with lathi and danda arrived and started assaulting the informant and other. It is further alleged that one Krishna Kumar gave brick blow upon the head of the informant due to which he sustained head injuries.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.79634 of 2024(2) dt.28-11-2024 2/2 petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to land dispute between the parties. It has further been submitted by learned counsel for the petitioners that there is also a counter version of this case. From perusal of the injury report, it is clear that the informant has received simple injury.

5. Learned APP for the State has opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sasaram(M) P.S. Case No. 730 of 2015, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Shubham/- U T