Patna High CourtCR. MISC./17553/2019bail granted

Ram Siresht Ray @ Ram Srestha Ray @ Ram Shresht Ray v. The State Of Bihar

2019-03-26Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17553 of 2019 Arising Out of PS. Case No.-47 Year-2017 Thana- MORO District- Darbhanga ====================================================== 1.

RAM SIRESHT RAY @ RAM SRESTHA RAY @ RAM SHRESHT RAY Son of Bhikham Ray Resident of Village - Moro, P.s.- Moro, District - Darbhanga, Pin -847106, Bihar 2.

Siya Prasad Ray Son of Late Matkant Ray Resident of Village - Moro, P.s.- Moro, District - Darbhanga, Pin -847106, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 149, 447, 448, 341,323, 325, 307,354, 379, 504 IPC registered in connection with Moro P.S. Case No. 47/2017.

3. It is submitted that the petitioners have been falsely implicated and there is case and counter case between the parties. After due investigation by the police charge has been submitted, but the petitioners have not been sent up for trial in respect of the offences alleged under Section 325 and 307 IPC. It is submitted that no injury has been caused to the informant's side. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Darbhanga, in connection with Moro P.S. Case No.

Patna High Court CR. MISC. No.17553 of 2019(2) dt.26-03-2019 2/2 47/2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T