Sudarshan Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17307 of 2016 Arising Out of PS.Case No. -198 Year- 2014 Thana -CHARPOKHARI DistrictBHOJPUR =====================================

1. Sudarshan Ram, Son of Late Ghurahu Ram.

2. Krishna Ram, Son of Sudarshan Ram.

Both are resident of Village-Mansagar, P.S.-Charpokhari, District-Bhojpur.

3. Patali Ram, Son of Sri Bhagwan Ram, resident of VillageBagar, P.S.-Sikarahata, District-Bhojpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Shiv Prasad Gupta, Adv. For the Opposite Party/s : Mr. Ram Sumiran Rai (App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Charpokhari P.S. Case No.198 of 2014, disclosing offences under Sections 302 and 201/34 of the Indian Penal Code.

Learned counsel, appearing on behalf of the

Patna High Court Cr.Misc. No.17307 of 2016 (4) dt.13-07-2016 2/3 petitioners, referring to the First Information Report, has submitted that the allegation is mainly against coaccused Lal Babu Ram, who has been granted regular bail by this Court vide order, dated 19.01.2016, passed in Cr. Misc. No.54003 of 2015. He has submitted that implication of these petitioners is based on mere suspicion and there is no material worth evidence against them.

Learned Additional Public Prosecutor, appearing on behalf of the State, has referred the statement of said Lal Babu Ram, recorded by the police, under Section 161 of the Code of Criminal Procedure, wherein, he has taken the names of these petitioners, said to be involved in commission of the offence. He has submitted that petitioner No.1 is the father of said Lal Babu Ram.

Considering the gravity of the offence, I am not inclined to grant the petitioners, above named, the privilege of anticipatory bail.

This application is, accordingly, rejected.

The petitioners, above named, are directed to surrender before the court below within a period of four weeks from today and seek regular bail, if so advised. If they do so, their application for regular bail shall be

Patna High Court Cr.Misc. No.17307 of 2016 (4) dt.13-07-2016 3/3 considered by the learned court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T