Ram Janam Ram vs The State Of Bihar
2021 Latest Caselaw 1420 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 31784 of 2020
       Arising Out of PS Case No.-191 Year-2019 Thana- CHAND District- Kaimur (Bhabua)
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1. Ram Janam Ram, aged about 68 years, Male Son of Late Bilagu Ram.

2. Ram Sakal Ram, aged about 45 years, Male, Son of Late Bilagu Ram.

3. Sunil Ram @ Sunil Kumar Ram, aged about 35 years, Male, Son of Ram Janam Ram.

4. Anil Ram @ Anil Ku Ram, aged about 30 years, Male, Son of Ram Janam Ram.

5. Kamlesh Ram @ Kamlesh Kumar Ram, aged about 22 years, Male, Son of Ram Janam Ram.

6. Manoj Ram @ Manoj Kumar Ram, aged about 21 years, Male, Son of Ram Janam Ram.

All resident of village- Pipariya, PS Chand, District- Kaimur at Bhabua.

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

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

     For the Petitioner/s    :        Mr. Rajani Kant Pandey, Advocate
     For the State           :        Mr. Nand Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-03-2021

Heard Mr. Rajani Kant Pandey, learned counsel for the

petitioners and Mr. Nand Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioners apprehend arrest in connection with

Chand PS Case No. 191 of 2019 dated 23.11.2019, instituted

under Sections 341, 323, 325, 337, 379, 354B and 504/34 of the

Indian Penal Code.

Patna High Court CR. MISC. No.31784 of 2020 dt.12-03-2021

3. The allegation against the petitioners is general and

omnibus, of assault by means of bricks and specifically against

other co-accused womenfolk of pulling down the mother of the

informant and snatching her gold chain.

4. Learned counsel for the petitioners submitted that the

allegations are false and frivolous and there was a minor scuffle

between the parties. Learned counsel submitted that there is no

motive disclosed in the FIR and further that the injuries are simple

in nature as has been noted by the learned ADJ-V, Kaimur at

Bhabua in order dated 19.06.2020, while rejecting the prayer for

anticipatory bail of the petitioners. It was submitted that the

petitioners have no criminal antecedent.

5. Learned APP submitted that there is allegation of

assault by bricks. However, he could not controvert the fact that

the same are general and omnibus and the Court below has noted

that the injuries were simple in nature.

6. 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, the petitioners 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 Patna High Court CR. MISC. No.31784 of 2020 dt.12-03-2021

learned Chief Judicial Magistrate, Kaimur at Bhabua and/or other

transferee Court in Chand PS Case No. 191 of 2019, 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 petitioners, (ii) that the petitioners and the

bailors shall execute bond with regard to good behaviour of the

petitioners, and (iii) that the petitioners shall also give an

undertaking to the Court that they shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of their bail bonds. The

petitioners shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of their bail bonds.

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

violation of the foregoing conditions of bail by the petitioners, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioners.

Patna High Court CR. MISC. No.31784 of 2020 dt.12-03-2021

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T