Ram Raj Ram And Ors vs State Of Bihar

Heard Mr. Vikarm Deo Singh learned counsel for the petitioners and Ms. Gulnar Begum, learned Additional Public Prosecutor (hereinafter referred

to as the ‘APP’) for the State.

The petitioners apprehend arrest in connection with Kargahar PS Case No. 33 of 2020 dated 15.02.2020, instituted under Sections

147/148/149/323/341/342/338/427/307/353/504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners submitted that he may be permitted to withdraw the application on behalf of petitioner no. 2, namely Deepak

Paswan and petitioner no. 12, namely Umesh Ram, as they have been arrested.

In view thereof, as prayed for, the application on behalf of petitioner no. 2, namely Deepak Paswan and petitioner no. 12, namely Umesh Ram,

stand disposed off as withdrawn and is restricted to the remaining petitioners.

The allegation against the petitioners is that when police went to clear the encroachment, they had formed a mob and had assaulted the police party

and also threw brick-bats on the driver of the JCB which is also alleged to have been damaged by them.

Learned counsel for the petitioners submitted that the petitioners have been settled the lands in question, in support of which he drew the attention

of the Court to Annexure-2 to the application. It was submitted that if at all the administration finds that the petitioners have exceeded the area allotted

to them, they undertake to vacate the same after due spot verification in which they shall co-operate. It was further submitted that the petitioners have

no criminal antecedent and even if it is assumed that something happened, it was only because they were protecting their home which they may have

built after great struggle, on the land which was duly allotted to them by the State Government.

Learned APP submitted that the petitioners were obstructing the police in performing their duty.

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 no.1, namely Ram Raj Ram; petitioner no. 3, namely Deepak Kumar; petitioner no.

4, namely Narendra Ram; petitioner no. 5, namely Rakesh Kumar; petitioner no. 6, namely Kameshwar Ram; petitioner no. 7, namely Phultara Devi;

petitioner no. 8, namely Chandamuni Devi; petitioner no. 9, namely Kusumi Devi; petitioner no. 10, namely Sunita Devi and petitioner no. 11, namely

Punam Devi 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 learned ACJM-III, Sasaram (Rohtas) in Kargahar PS Case No. 33 of 2020, 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 remaining 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.

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.

Further, as has been undertaken by learned counsel for the petitioners, if the authorities initiate a proceeding against the petitioners for removal of

any encroachment, they shall co-operate in the same as also in the actual spot verification to get the area demarcated with regard to their claim that

the land has been legally settled with them, in terms of the official revenue records. Upon the exercise the petitioners shall also ensure that if it is

found that they had exceeded the area allotted to them, they shall either vacate the excess area themselves or shall allow the authorities to clear such

area of the encroachment. Any non-cooperation in this exercise shall also result in cancellation of their bail bonds.

The application stands disposed off in the aforementioned terms.

Learned APP shall communicate the order to the District Magistrate, Rohtas and also the Superintendent of Police Rohtas forthwith.