Mohan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84830 of 2024 Arising Out of PS. Case No.-220 Year-2022 Thana- MAIRWAN District- Siwan ====================================================== 1.

Mohan Ram Son of Ramakant Ram Resident of Village -Sewatapur PS -Mairwa, Dist- Siwan 2.

Sohan Ram son of Ramakant Ram Resident of Village -Sewatapur PS -Mairwa, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Udit Nr. Singh, Advocate Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.

2. The petitioners are apprehending arrest in connection with Mairwa P.S. Case No. 220 of 2022 lodged on 29.05.2022, for the offences punishable under Sections 341, 323, 324, 307, 302, 504, 506 & 34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against 14 named accused persons including the present petitioners against whom there is allegation that they have assaulted informant's husband and her son by lathi, danda, farsa due to which, they were badly injured and informant's son was admitted to the hospital and subsequently, during treatment, he

Patna High Court CR. MISC. No.84830 of 2024(2) dt.18-01-2025 2/3 died.

4. Learned Counsel for the petitioners submits that petitioners are innocent and have committed no offence. Counsel also submits that petitioners have falsely been implicated in this case as the petitioners are agnates of the informant and there is previous land dispute going on between them. Counsel further submits that there is general and omnibus allegation against the accused persons.

5. Learned Counsel for the petitioners further submits that criminal antecedent of the petitioners are clean. Counsel submits that similarly situated persons have been granted bail by this Court as well as by the Co-ordinate Bench of this Court vide orders dated 20.09.2023 & 23.06.2023 passed in Cr. Misc Nos. 58933 of 2023 & 14600 of 2023 respectively.

6. Learned APP for the State opposes the prayer for bail of the petitioners.

7. As such, considering the aforesaid facts and circumstances, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.84830 of 2024(2) dt.18-01-2025 3/3 A.C.J.M.-VII, Siwan in connection with Mairwa P.S. Case No. 220 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T