Tripurari Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71829 of 2019 Arising Out of PS. Case No.-158 Year-2019 Thana- JAMUI District- Jamui ====================================================== TRIPURARI RAM S/o Jai Mangal Ram R/o village- Ujhandi, P.S. and District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Jamui (Town) P.S. Case No. 158 of 2019, pending in the Court of the Chief Judicial Magistrate, Jamui, registered under Sections 147, 148, 149, 341, 323, 307 and 504 of the Indian Penal Code.

The accusation is that in the evening of 22.03.2019, informant, Sita Ram, was at his shop, at that time, four persons, named in the first information report, including the petitioner, having lathi, stick, iron rod and khanti came there and started to abuse. At that time, Bharat Ram, brother of the informant, came out of the house and made protest, on which petitioner, Tripurari

Patna High Court CR. MISC. No.71829 of 2019(2) dt.05-02-2020 2/3 Ram, gave iron rod blow at the head of Bharat Ram. Radha Kumari, Nitish Kumar and Dilip Kumar rushed there, then, Tripurari Ram also gave axe blow at the head of Radha Kumari, who also sustained grievous injury. At that time, Jai Mangal Ram also caused Injury to Nitish Kumar. Prakash Ram also caused injury to Dilip Kumar.

Learned counsel appearing on behalf of the petitioner submits that due to land dispute occurrence of marpeet took place in which petitioner's side also sustained injury, regarding which Jamui (Town) P.S. Case No. 159 of 2019 was instituted in which the informant of the present case and others is accused. From perusal of the impugned order whereby the prayer of prearrest bail was refused by the Sessions Judge, Jamui, through A.B.P. No. 862 of 2019, it appears that injury, as found in the scalp of Radha Kumari, is grievous in nature. Further, submission is that initially the injury of Radha Kumari was found simple in nature, but, later on manipulation the injury was sown grievous in nature.

Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and

Patna High Court CR. MISC. No.71829 of 2019(2) dt.05-02-2020 3/3 seek regular bail, which will be considered on its own merit and without being prejudiced of this order.

(Rajendra Kumar Mishra, J) Shamshad/- U T