Kriya Ram @ Bablu Ram @ Bablu Kumar vs The State Of Bihar
2021 Latest Caselaw 4059 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 35560 of 2020
            Arising Out of PS. Case No.-113 Year-2020 Thana- SANDESH District- Bhojpur
      ======================================================

1. Kriya Ram @ Bablu Ram @ Bablu Kumar, age- 19 years, Male, Son of Awadhesh Ram.

2. Sudhir Ram, age-20 years, Son of Late Deo Kumar Ram.

3. Kamlesh Ram, age-44 years, Son of Late Raj Kumar Ram.

4. Jugesh Ram, age-36 years, Son of Late Raj Kumar Ram.

5. Lalan Ram, age- 38 years, Son of Late Deo Kumar Ram.

6. Pappu Ram, age- 22 years, Son of Shiv Kumar.

All are resident of Village- Nasratpur, PS- Sandesh, District- Bhojpur.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the State : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 10-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Manoj Kumar, learned counsel for the

petitioners and Mr. Sanjay Kumar Tiwary, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

Patna High Court CR. MISC. No.35560 of 2020 dt.10-08-2021

3. The petitioners apprehend arrest in connection with

Sandesh PS Case No. 113 of 2020 dated 19.04.2020, instituted

under Sections 147, 149, 447, 448, 341, 323, 324, 325 and 307 of

the Indian Penal Code.

4. The allegation against the petitioners is that they

had assaulted the informant and her relatives causing injuries.

5. Learned counsel for the petitioners submitted that

the parties are agnates and there was fight between them for

which there is also a counter case. It was submitted that even as

per the allegation, the same are general and omnibus in nature

except against petitioner no. 5, who is said to have assaulted,

along with others, not petitioners herein, with iron rod on the head

of Rajendra Ram. Learned counsel submitted that the petitioners

have no other criminal antecedent and even in the FIR, no reason

has been mentioned as to why the occurrence took place.

6. Learned APP submitted that the injury report shows

two grievous injuries on the injured person. However, it was not

controverted that only against petitioner no. 5, Lalan Ram, it is

specific that he along with some other co-accused had assaulted

by iron rod on the head and against the other petitioners, the

allegations are general and omnibus.

Patna High Court CR. MISC. No.35560 of 2020 dt.10-08-2021

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, petitioner no. 1, namely, Kriya Ram @ Bablu

Ram @ Bablu Kumar; petitioner no. 2, namely, Sudhir Ram;

petitioner no. 3, namely, Kamlesh Ram; petitioner no. 4, namely,

Jugesh Ram and petitioner no. 6, namely, Pappu Ram, be released

on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five

thousand) each with two sureties of the like amount each to the

satisfaction of the learned 1st Class Judicial Magistrate or concern

Court Bhojpur at Ara in Sandesh PS Case No. 113 of 2020,

subject to the conditions laid down in Section 438(2) of the Code

of Criminal Procedure, 1973 and further, (i) that one of the bailors

shall be a close relative of the said petitioners, (ii) that the said

petitioners and the bailors shall execute bond and give

undertaking with regard to good behaviour of the said petitioners

and (iii) that the said petitioners shall co-operate with the Court

and police/prosecution. Any violation of the terms and conditions

of the bonds or the undertaking or failure to co-operate shall lead

to cancellation of their bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the said Patna High Court CR. MISC. No.35560 of 2020 dt.10-08-2021

petitioners, to the notice of the Court concerned, which shall take

immediate action on the same after giving opportunity of hearing

to the concerned petitioners.

9. The prayer for pre-arrest bail of petitioner no. 5,

namely, Lalan Ram, stands rejected.

10. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T