Bigu Ram And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7586 of 2016 Arising Out of PS.Case No. -108 Year- 2015 Thana -SIWAN MUFFASIL District- SIWAN ======================================================
1. Bigu Ram Son of Late Indrasan Ram,
2. Ramashis Ram @ Rama Ashish Ram, Son of Late Sukh Lal Ram, Both Resident of Village - Pakawaliya, P.S Hussainganj, District - Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-03-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Siwan Muffasil P.S. Case No. 108 of 2015, disclosing offences under Sections 341,323,324,307,337,427,504/34 of the Indian Penal Code & Section 27 of the Arms Act.
It is submitted on behalf of the petitioners that the injury report does not support the allegation made against these petitioners. As against petitioner No.1, it is alleged that he had opened fire. It is not the case of the prosecution that the said shot hit the informant and anyone on his side.
Learned counsel for the petitioners further submits that as a matter of fact, the present First Information Report is a counter blast to a case instituted by Sanjay Ram vide Siwan Mufassil P.S. Case No.
106 of 2015 in which the informant of the present case has been made an accused. It has been stated in paragraph 3 of the application that the petitioners have no criminal antecedents. In view of the submission as above, this application is allowed.
Let petitioners above-named in the event of their arrest/surrender within four weeks from today in the court below, 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 Chief Judicial Magistrate, Siwan in Siwan Muffasil P.S. Case No. 108 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) ArunKumar/- U