Ram Bali Ram Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Ram Bali Ram Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: in the event of arrest or surrender within six weeks, release on bail upon furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram, in Nauhatta PS Case No.69 of 2021, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Nauhatta PS Case No.69 of 2021, is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.

Court's answer

In the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail upon furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram, in Nauhatta PS Case No.69 of 2021, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

Ratio / Principle

The anticipatory bail application stands allowed.

Detailed headnote1 paragraphs

Anticipatory bail (S.438 CrPC) granted to Ram Bali Ram (aged about 70 years) in Nauhatta PS Case No.69 of 2021 (P.S. Nauhatta, District Rohtas), instituted under Sections 147, 148, 149, 341, 323, 379, 384, 385, 389, 504, 506 IPC over alleged forcible capture of the informant's land by FIR-named accused with 60-70 unknown persons, demand of rupees one lakh from each as Rangdari, and snatching of a gold chain and Rs.7,100/-. Counsel pleaded false implication, absence of anything specific against the petitioner (said to be named only as another Red Carddhari for the same land), parity with FIR-named co-accused Surendra Singh already granted anticipatory bail on 01.12.2023 in Cr. Misc. No.75276 of 2023, and no criminal antecedents; the APP opposed bail. Held: on arrest or surrender within six weeks, petitioner to be released on bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Rohtas at Sasaram, subject to Section 438(2) CrPC conditions; application allowed (Khatim Reza, J, 19-02-2025).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6523 of 2025

Arising Out of PS. Case No.-69 Year-2021 Thana- NAUHATTA District- Rohtas

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

Ram Bali Ram, aged about 70 years, Male, son of Late Balroop Ram, Resident of Village- Shahpur Bauliya P.S.- Nauhatta, Dist- Rohtas at Sasaram

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

2 19-02-2025

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends arrest in connection with Nauhatta PS Case No.69 of 2021 dated 16.08.2021, instituted under Sections 147, 148, 149, 341, 323, 379, 384, 385, 389, 504, 506 of the Indian Penal Code.

The prosecution case, in short, is that on the alleged date of occurrence the informant went to his field situated in Gursoth and found that the FIR named accused persons along with 60-70 unknown persons forcibly captured the land of the informant and they had put red flag in the field. They were demanding rupees one lakh to each as Rangdari . They threatened him to leave the field. In the meantime, co-accused Surendra Singh snatched the gold chain from his neck and co-

Patna High Court CR. MISC. No.6523 of 2025(2) dt.19-02-2025 2/3

accused Abhay Singh took out Rs.7100/- from his pocket.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that FIR has been lodged against eight named accused persons and fifty unknown persons. The petitioner has been made accused only on the basis that he is also Red C arddhari for the same land. There is nothing specific against the petitioner. Further submission is that co-accused Surendra Singh, who is named in the FIR, has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 01.12.2023 passed in Cr. Misc. No.75276 of 2023. Lastly, it is submitted that the petitioner has no criminal antecedents.

Learned APP has opposed the prayer for bail.

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 petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram, in Nauhatta PS Case No.69 of 2021, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

Patna High Court CR. MISC. No.6523 of 2025(2) dt.19-02-2025 3/3

The application stands allowed.

(Khatim Reza, J)

J. Alam/-

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