Ganesh Ram @ Ganehs Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74792 of 2019 Arising Out of PS. Case No.-299 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== Ganesh Ram @ Ganehs Ram S/o Moti Ram Resident of Village- Rowari, P.S.- Shikarpur, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Shikarpur P.S. Case No. 299 of 2019, registered for offence punishable under Sections 384/386/504/506/34 of the Indian Penal Code.

The allegation against the petitioner, as per FIR, is that the petitioner along with other accused persons were made caretaker of the house of the informant situated in Khata No. 122, Plot No. 194, measuring 7 dhur and when the informant returned back from his in-laws house, he was told by the petitioner and other accused persons that the house of the informant has been captured by the petitioner and other accused persons and it was told that they would vacate the house only when the informant transfers the adjoining plot measuring 3

Patna High Court CR. MISC. No.74792 of 2019(2) dt.11-12-2019 2/3 dhur, 7 dhurki in the name of the petitioner and other accused persons.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as both the parties are agnates. Learned counsel referring paragraph 6 of this application submits that informant had earlier lodged a case bearing Shikarpur P.S. Case No. 129 of 2018 against the petitioner and other accused persons claiming thereon that the petitioner and other accused persons drove out the informant from his house and captured the same. He further submits that when the petitioner and other accused persons have already been granted bail by the competent court, the present FIR has been lodged against the petitioner and others with oblique motive in order to harass the petitioner. He further submits that the petitioner is in custody since 25.09.2019.

Having regard to the submissions made by the parties and taking into consideration the fact that both the parties are agnates and there appears to be a case lodged by the informant earlier pertaining to the same house situated at Khata No. 194, Plot No. 194, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above-named, be enlarged on bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.74792 of 2019(2) dt.11-12-2019 3/3 (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 299 of 2019.

(Anil Kumar Sinha, J) S.Katyayan/- U T