Ram Ayodhya Kumar v. The State of Bihar
Case at a glance
- Bench
- KHATIM REZA
Provisions considered
- Indian Penal Code, 1860 ss. 147, 148, 149, 307, 323, 324, 341, 379, 385, 504, 506
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
Anil Sah Son of Sunar Sah R/o Village - Laukriya, P.S. - Harsidhi , District -East champaran The State of Bihar Versus ... ... Petitioner/s ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA Mr. Prateek Tandon, Adv. Mr. Arvind Kumar Pandey, APP ORAL ORDER 2 04-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Harsidhi P.S. Case No. 241 of 2024 dated 02.05.2024, instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 385, 379, 504 and 506 of the Indian Penal Code.
The allegation against petitioner no. 1 is that he pointed country made pistol upon the informant and allegation against petitioner no. 2 is of assaulting son of the informant by means of farsa blow but he escaped the said blow.
Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that there is specific allegation against Nandlal Sah, who inflicted farsa blow on the head of the informant. There is no firearm injury to the informant. It is Patna High Court CR. MISC. No.57516 of 2024(2) dt.04-09-2024 submitted that there is case and counter case between the parties. The wife of petitioner no. 2 has lodged Harsidhi P.S. Case No. 243 of 2024 against the informant and his family members. It is submitted that there is nothing against petitioner no. 1 regarding any assault. Lastly, it has been submitted that petitioner no. 1 has one case against him and petitioner no. 2 has no criminal antecedent.
Learned A.P.P. has opposed the prayer for bail of the petitioners.
Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Harsidhi P.S. Case No. 241 of 2024, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M.-Ist Class, East Champaran, Motihari, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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