Lala Ram @ Gopal Ram @ Lal Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2662 of 2020 Arising Out of PS. Case No.-567 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.
Lala Ram @ Gopal Ram @ Lal Ram S/o Shankar Ram 2.
Pankaj Kumar @ Pankaj Ram S/o Lala Ram @ Gopal Ram @ Lal Ram R/o village- Belari, P.S.- Darigaon, District- Rohtas ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-09-2020 This matter has been taken up through Video Conferencing.
By order dated 24.06.2020 the record of Cr. Misc. No.2392 of 2020 was ordered to be detached from this record as Cr. Misc. No.2392 of 2020 arises out of quite different police station case in respect of different petitioner. In spite of that Registry has placed the said record along with the present application.
Registry shall submit explanation for the same. Petitioner No.1 Lala Ram @ Gopal Ram @ Lal Ram is already dead. Hence, his prayer for anticipatory bail is dismissed as infructuous.
Heard the parties on the prayer for anticipatory bail
Patna High Court CR. MISC. No.2662 of 2020(4) dt.16-09-2020 2/3 made on behalf of petitioner No.2 Pankaj Kumar @ Pankaj Ram, who is apprehending his arrest in a case registered for the offences punishable under Sections 341/323/307/504/34 of the Indian Penal Code.
There is general and omnibus allegation against the parents of the petitioner as well as the petitioner of commission of assault against the husband of the informant. The doctor has found sharp-cut wound on the right forearm and sharp-cut wound on the upper part of the back of the injured. Injury No.2 was grievous in the opinion of the doctor.
Learned counsel for the petitioner submits that grievous hurt is defined in the IPC and the nature of the injury found does not show that the injury was grievous in nature. Moreover, the allegation is not specific against the petitioner. Finding substance in the submission aforesaid as well as considering the fact that petitioner has got no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with
Patna High Court CR. MISC. No.2662 of 2020(4) dt.16-09-2020 3/3 Sasaram (Darigaon) Police Station Case No.567 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Mkr./- U T