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Patna High CourtCR. MISC./39488/2017bail granted

Wakil Ram And ORS v. The State Of Bihar

2017-08-21Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39488 of 2017 Arising Out of P.S.Case No. -26 Year- 2017 Thana -KOTWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Wakil Ram,

2. Dinesh Ram,

3. Ravi Ram @ Ravi Kumar Ram,

4. Prem Ram @ Prem Kumar Ram &

5. Babulal Ram .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Vibhakar Kumar, Advocate For the Opposite Party : Mr. Yogendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 21-08-2017 It has been submitted that petitioner no.2 has been arrested. This application against this petitioner is dismissed as infructuous.

Heard.

The petitioners apprehend arrest in connection with Kotwa P.S.Case No.26 of 2017 registered for an offence under Sections 341, 323, 324, 307, 354(B), 380, 504and 506 of the IPC. It has been submitted that the petitioners and the informant are agnate and the occurrence of assault took place between the parties for land dispute. A title suit no.538 of 2012 is pending in the Court of Sub-Judge, Motihari. There is case and counter case between the parties. There is also delay of more than

Patna High Court Cr.Misc. No.39488 of 2017 (2) dt.21-08-2017 2/2 one week in institution of both the cases, i.e., case and counter case. The allegation of assault appears omnibus and not specific against this petitioner.

Learned APP opposed the submissions.

Under the aforesaid facts and circumstances, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender in the court below within six weeks from today on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of ACJM-Xth, Motihari in connection with Kotwa P.S.Case No.26 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sanjay Kumar, J) B.Kr./- U T