Kanhai Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86580 of 2023 Arising Out of PS. Case No.-175 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.
KANHAI RAM Son of Bhikhari Ram R/o vill - Sangrampur Mathiya, P.S. - Sangrampur, Distt. - East Champaran 2.
Raja Ram Son of Bhikhari Ram R/o vill - Sangrampur Mathiya, P.S. - Sangrampur, Distt. - East Champaran 3.
Sukhadi Ram Son of Shivanand Ram R/o vill - Sangrampur Mathiya, P.S. - Sangrampur, Distt. - East Champaran 4.
Prama Ram Son of Shivanand Ram R/o vill - Sangrampur Mathiya, P.S. - Sangrampur, Distt. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyesh Kumar, Adv.
For the Opposite Party/s :
Mr.Binod Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 324, 307, 308, 379, 504, 34 of the Indian Penal Code.
3. Allegedly, all the accused persons including the petitioners are said to have assaulted the informant's side brutally with deadly weapons due to which they sustained injuries.
4. It is submitted by learned counsel for the petitioners
Patna High Court CR. MISC. No.86580 of 2023(2) dt.06-02-2024 2/3 that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. There is admitted land dispute between the parties. The entire case is based upon manipulation with an intention to save neck from the real occurrence for which Sangrampur P.S. Case No. 171 of 2023 has been lodged by petitioner no.1 against the informant and others. It is further submitted that father of petitioner no.1 died due to the injuries caused by the accused persons. There is inordinate and abnormal delay of five days in lodging the FIR without assigning any plausible and convincing reason for the said delay. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as father of petitioner no.1 died during the course of his treatment, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each
Patna High Court CR. MISC. No.86580 of 2023(2) dt.06-02-2024 3/3 with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sangrampur P.S. Case No. 175 of 2023, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T