Nageshwar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40588 of 2014 Arising Out of PS.Case No. -120 Year- 2014 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Nageshwar Ram S/o Lalmohan Ram resident of village- Akorhi, P.S.- Karagahar, District- Rohtas .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.42045 of 2014 Arising Out of PS.Case No. -120 Year- 2014 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Vikas Ram @ Langra son of Bhola Ram Resident of village - Akorhi, p.s. Karagahar, District - Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 12-02-2015 Both these applications arise out of Karaghar P.S. Case no. 120 of 2014, as such, they have been heard together and are being disposed of by this common order.

Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in a case for the offence punishable under Sections 307, 302, 427, 436, 120(B), 324, 323, 341 and 342 of the Indian Penal Code. F.I.R. has been lodged against unknown for assaulting grandsons of the informant, namely, Sant

Patna High Court Cr.Misc. No.40588 of 2014 (3) dt.12-02-2015 2/3 Kumar, OmPrakash, Ram Darash and Sonu Kumar. All the injured were taken to the Primary Health Centre, Karaghar and there Sant Kumar was declared dead by the doctor. During investigation names of the petitioners have appeared. After investigation chargesheet has already been submitted.

Learned counsel for the petitioners submits that petitioners are co-villagers and known to the informant. The names of the petitioners Vikash Ram @ Langra and Nageshwar and accused Bisheshwar came to light in the statement of the witness Ram Darash Rai at para-32 of the case diary. He has stated that these three persons had assaulted him. His statement has been recorded after seven days. Moreover, he has not stated the name of assailants of Sant Kumar. The petitioners have no criminal antecedent. There is no chance of tampering with the witnesses.

Considering the facts and circumstances of this case, the above-named petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Rohtas at Sasaram in Karaghar P. S. Case no. 120 of 2014 with the following conditions :

1. One of the bailors will be the close relative of the petitioners.

2. The petitioners will not indulge in similar or in any other offence.

3.

The petitioners will be well represented in

Patna High Court Cr.Misc. No.40588 of 2014 (3) dt.12-02-2015 3/3 the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, their bail bonds will be liable to be cancelled by the court concerned. (Amaresh Kumar Lal, J) sudip/- U T