Arun Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89389 of 2024 Arising Out of PS. Case No.-338 Year-2024 Thana- MASHRAK District- Saran ====================================================== 1.

Arun Kumar Ram S/O Parmeshwar Ram @ Parmeshwat Ram Resident of Village- Bahrauli, P.S- Mushrak, District- Saran. 2.

Krishna Ram @ Krishna Kumar Ram @ Krishna Kumar S/O Parmeshwar Ram @ Parmeshwat Ram Resident of Village- Bahrauli, P.S- Mushrak, District- Saran.

3.

Raju Kumar Ram @ Raju Kumar S/O Parmeshwar Ram @ Parmeshwat Ram Resident of Village- Bahrauli, P.S- Mushrak, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjani Parashar For the Opposite Party/s :

Mr. Nawal Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-01-2025

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Mashrak Police Station Case No. 338 of 2024, disclosing offences under Sections 341, 323, 324, 307, 34 of the Indian Penal Code.

3. As per the FIR, on 22.05.2024, in the afternoon, the nephew of the informant Shivam Kumar and his friends Yuvraj Kumar and Ankit Kumar were going to attend coaching classes and in the meanwhile, near the house of Jagjitan Sahni, all the accused persons including the petitioners, total 11 in numbers,

Patna High Court CR. MISC. No.89389 of 2024(2) dt.23-01-2025 2/3 having lathi, iron rod, sabal and knife, attacked and assaulted the nephew of the informant and his friends due to which they sustained injury.

4. Learned Counsel for the petitioners submits that both the parties are neighbors having political rivalry and election dispute. A complaint case has been lodged by the side of the petitioners bearing Complaint Case No. 82 of 2024 against the informant and others under Section 307 and Section 3(1)(r)(s) of SC/ST Act. The side of the petitioners have also sustained injury which has been stated in the complaint. There was free fight between both the parties. The allegation against the petitioners and other accused persons altogether 11 in numbers are general and omnibus in nature and even the victim namely Yuvraj Kumar in his statement has not disclosed specific allegation against the petitioners.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are neighbors, there is case and counter case and the allegation against them is general and omnibus in nature, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of

Patna High Court CR. MISC. No.89389 of 2024(2) dt.23-01-2025 3/3 their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-7th, Saran at Chapra, in connection with Mashrak Police Station Case No. 338 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U T