Shiv Chandra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2221 of 2020 Arising Out of PS. Case No.-136 Year-2019 Thana- MUSRIGHRARI District- Samastipur ====================================================== 1.
ARJUN RAM S/o Ram Sevak Ram Resident of Village- Bakhari Bujurg Ram Tola, P.S.- Musarigharari, District- Samastipur. 2.
Md. Sajjad @ Sajju S/o Md. Nanhe Resident of Village- B Alouth, P.S.- Musarigharari, District- Samastipur.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 7486 of 2020 Arising Out of PS. Case No.-136 Year-2019 Thana- MUSRIGHRARI District- Samastipur ====================================================== SHIV CHANDRA RAM Son of Ramasharay Ram Resident of Village - B. Alouth, P.S. - Musarigharari, District - Samastipur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 2221 of 2020) For the Petitioner/s :
Mr.Dilip Kumar Roy For the Opposite Party/s :
Mr.Anish Chandra (In CRIMINAL MISCELLANEOUS No. 7486 of 2020) For the Petitioner/s :
Mr.Dilip Kumar Roy For the Opposite Party/s :
Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-03-2020 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners submits that these petitioners are seeking regular bail in connection with Musarigharari P.S. Case No. 136 of 2019 registered for the
Patna High Court CR. MISC. No.2221 of 2020(4) dt.20-03-2020 2/3 offence punishable under Sections 341, 323, 324, 307, 504 of the Indian Penal Code and 37(c) Bihar Prohibition and Excise Act, 2016.
Learned counsel submits that although the allegations against the petitioners Arjun Ram and Md. Sajjad in Crim. Misc. Case No. 2221 of 2020 is that of assaulting the informant by iron rod but no injury by iron rod has been found on the body of the informant and further assault allegedly given by the petitioner Shiv Chandra Ram in Cri. Misc. Case No. 7486 of 2020 has been found to be simple in nature. It is further submitted that an altercation seems to have taken place on some petty issue and petitioners have no criminal antecedent. Learned APP for the State has though opposed the prayer for regular bail of the petitioner.
Considering the facts and circumstances of the case, the nature of injury noticed on the body of the informant and that these petitioners have no criminal antecedent, the investigation against them is complete and there is no submission that release of these petitioners is likely to interfere with the course of trial, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.15,000/- (fifteen thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.2221 of 2020(4) dt.20-03-2020 3/3 satisfaction of learned II Additional Sessions Judge-cum-Special Judge Excise, Samastipur, in connection with Musrigharari P.S. Case No. 136 of 2019, subject to the conditions as laid down under Section 437(3) of the Cr.P.C. as under: (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(Rajeev Ranjan Prasad, J) SUSHMA2/- U T