Partly allowed

Biresh Ram v. The State of Bihar

Patna HC19 Nov 2019CR. MISC./57990/2019

Case brief

AI extract

What is this about?

The High Court dismissed the anticipatory bail application of petitioner No. 1 as infructuous due to his arrest. It granted anticipatory bail to petitioners No. 2 and 3, subject to conditions under Section 438(2) CrPC.

What did the court decide?

Prayer for anticipatory bail to petitioner No. 1 dismissed. Anticipatory bail granted to petitioners No. 2 and 3 on bond of Rs. 10,000 each with two sureties.

Biresh Ram Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57990 of 2019

¶2

Arising Out of PS. Case No.-155 Year-2019 Thana- GAUTAMBUDHNAGAR DistrictSiwan

¶3

======================================================

¶4

Biresh Ram, aged about 35 years, Gender – Male, Son of Sipahi Ram

¶5

Pawan Ram, aged about 18 years, Gender – Male, Son of Biresh Ram

¶6

Heera Devi, aged about 32 years, Gender – Female, Wife of Biresh Ram, all resident of Village-Madhopur, Police Station-G.B. Nagar, District-Siwan.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶11

====================================================== Appearance : For the Petitioner/s : Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

¶12

ORAL ORDER

¶13

3 19-11-2019

¶14

Heard learned counsel for the petitioners and the

¶15

learned A.P.P. for the State.

¶16

Learned counsel for the petitioners submits that the petitioner no.1 has been arrested during the pendency of this application, so he does not press this application as against petitioner no.1.

¶17

Accordingly, the prayer for anticipatory bail to the petitioner no.1 is dismissed as having become infructuous.

¶18

The petitioners apprehend their arrest in connection with G.B. Nagar P.S. Case No. 155 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 342,

¶19

Patna High Court CR. MISC. No.57990 of 2019(3) dt.19-11-2019 2/3

¶20

323, 324, 325, 307, 379, 427, 34 of the Indian Penal Code.

¶21

The prosecution case, in short, is that on 07.06.2019 at about 9:00 P.M., his pattidar started abusing when he protested,Depak Ram gave Daab blow upon his head and at the result of which he sustained laceration on his head and he got 13 stitches. It is further alleged that at the same time, Biresh Ram (petitioner) gave tangi blow upon the head of Lal Mohan Ram, Pawan Ram (petitioner), Sanjay Ram, Heera Devi (petitioner). Phool Kumari Devi also assaulted Lalita Devi. It is further alleged that Deepak and Biresh snatched a bag containing Rs.6,000/- from the possession of Lalita Devi.

¶22

Learned counsel for the petitioners submits that the co-accused, namely, Deepak Ram and Ful Kumari Devi have been granted anticipatory bail by a Co-ordinate Bench of this Court on 01.10.2019 passed in Cr. Misc. No.61239 of 2019. He further submits that there is no allegation against petitioner nos.2 and 3. There is general and omnibus allegation against petitioner nos.2 and 3.

¶23

In the facts and circumstances of the case, let the above named petitioner nos.2 and 3 be released on bail, in the event of arrest or surrender before the learned Court below

¶24

Patna High Court CR. MISC. No.57990 of 2019(3) dt.19-11-2019 3/3

¶25

within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with G.B. Nagar P.S. Case No. 155 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and also subject to the following further conditions :

¶26

(i) That one of the bailors shall be a close relative of the petitioners.

¶27

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

¶28

(ii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

¶29

(Anjani Kumar Sharan, J)

¶30

Nasimul/-

¶31

U T

Biresh Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Biresh Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rinki Devi Vs The State of Bihar

Sanowar @ Mulla @ Munahir @ Muwahir Vs The State of Bihar

Prakash Thakur @ Prakash Kumar Thakur @ Abhisekh Kumar Thakur Vs The State of Bihar

Md. Hassan Ali Vs The State of Bihar

Chhateneshwar Prasad Roy Vs The State of Bihar

Rekha Devi Vs The State of Bihar