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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13869 of 2025 Arising Out of PS. Case No.-198 Year-2024 Thana- PIPRA District- East Champaran ======================================================
1. Jhaman Ram @ Ramashray Ram S/O Dhanae Ram R/O Vill.- Chakbara, P.S.- Pipra, Dist.- East Champaran. 2. Rajendra Ram S/O Dhanae Ram R/O Vill.- Chakbara, P.S.- Pipra, Dist.- East Champaran. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Priyesh Kumar For the Opposite Party/s : Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 25-02-2025
1. Heard the parties. 2. The petitioners apprehend their arrest in connection with Pipra P.S. Case No. 198 of 2024 dated 01.08.2024 registered un- der Sections 115 (2), 117(2), 118(1), 126 (2), 109, 303 (2), 351 (2), (3), 329 (4), 3(5) of the Bharatiya Nyaya Sanhita 2023. 3. The prosecution case as per the First Information Report is that on 30.07.2024 the construction work was going on a piece of land which was settled in favour of the informant’s son bearing Khata No. 133, Khesra No. 1492 admeasuring an area of 0.06 decimal. The petitioners along with other accused persons arrived there and started cremating the dead body. When the informant protested, the petitioners and other accused
Patna High Court CR. MISC. No.13869 of 2025(2) dt.25-02-2025 2/3 persons, total 23 F.I.R. named accused persons and 20-25 unknown accused persons assaulted him and when his family members arrived in order to save the informant, they were also assaulted by “lathi”, “farsa”, bamboo etc. 4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case due to dispute regarding gair mazarua land, which was being used as crematorium by the villagers. He next submits that the informant is claiming the land in question on the basis of settle- ment in favour of his son. The scuffle took place between the villagers and the side of informant due to the subject land. Referring to the impugned order, learned counsel submits that though the learned Sessions Judge, East Champaran, Motihari has recorded that multiple injuries have been caused to four persons, but the nature of injury has not been recorded, which is not grievous / serious in nature.
Similarly situated co-accused / Anil Kumar, Bijli Baitha @ Upendra Baitha, Lakhi Ram, Bajin- der Ram and Manoj Rai have been granted anticipatory bail by this Court in Cr. Misc. No. 87824 of 2024. 5. Regard being had to the submission made by the parties, taking into consideration the fact that general and omnibus allegation has been levelled against the petitioners and large
Patna High Court CR. MISC. No.13869 of 2025(2) dt.25-02-2025 3/3 number of accused persons, occurrence has taken place due to dispute regarding land, the petitioners are having no criminal antecedent and similarly situated co-accused persons have been granted anticipatory bail by this court, as such, I am inclined to grant anticipatory bail to the petitioners. 6. Let the petitioners, above named, be released on anticipa- tory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar East Champaran, Motihari in connection with Pipra P.S. Case No. 198 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
praful/- (Anil Kumar Sinha, J) U T