Birendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6317 of 2024 Arising Out of PS. Case No.-271 Year-2023 Thana- DURAULI District- Siwan ====================================================== 1.

Birendra Ram Son of Chhatu Ram 2.

Mrityunjay Ram @ Polai Ram @ Mrityunjay Kumar Ram 3.

Nitesh Ram Both Sons of Birendra Ram and all three are R/o vill - Darauli, P.S. - Darauli, Distt - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-02-2024 Heard Mr. Raghav Prasad, learned counsel appearing on behalf of the petitioner and Mr. Rajendra Prasad Nat, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Darauli P.S. Case No. 271 of 2023 dated 28.09.2023 registered for the offence(s) punishable under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the accused persons including the petitioners tried to set fire the vehicle of the informant, which was protested by the informant and in the said course, they assaulted the informant, as a result of which, he sustained injury. The informant was medically examined

Patna High Court CR. MISC. No.6317 of 2024(2) dt.17-02-2024 2/2 and nosal injury along with injury on the forehead were found which are grievous in nature.

4. Learned counsel appearing on behalf of the petitioners submitted that the allegations made in the FIR are baseless, as no such incident has taken place. Petitioners have clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, as well as, the injury, which has been recorded in the impugned order, to be grievous in nature, the petitioners, above named, may surrender before the District Court and seek regular bail. In that case, the District Court is directed to consider the bail application of the petitioners on the same day and pass necessary order on the basis of material which has come in course of investigation.

7. The present petition stands disposed of.

Sanjay/- (Purnendu Singh, J) U T