Ramji Rai And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.46403 of 2017 (4) dt.20-12-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46403 of 2017 Arising Out of PS.Case No. -82 Year- 2016 Thana -DERNI District- SARAN ======================================================
1. Ramji Rai Son of late Ram Layak Rai
2. Naresh Rai Son of Ramji Rai Both Resident of Village- Pojhi, P.S. Derni, District Saran at Chapra.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-12-2017 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in connection with Derni P.S. Case No. 82 of 2016 registered under Sections 341, 323, 307 and 302 of the Indian Penal Code.
Some of the accused persons including the petitioners are said to have assaulted the father of the informant by means of bricks. Petitioner no. 2 Naresh Rai has assaulted on head of the informant with brick. Father of the informant succumbed to his injuries during the course of treatment.
It has been submitted by the learned counsel for the petitioners that there is no specific allegation against the
Patna High Court Cr.Misc. No.46403 of 2017 (4) dt.20-12-2017 petitioners rather allegations are general and omnibus. As a matter of fact, there is a piece of land of the accused in front of the house of the informant, in which accused persons has kept fire wood, and due to the said reason, some scuffle took place and the informant has falsely implicated the petitioner due to aforesaid reason. Doctor conducting the autopsy of the cadaver of the deceased has not found any external injury on the person of the deceased while informant has sustained simple head injury. Petitioners have been languishing in judicial custody since 15.04.2017. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, Saran at Chapra in connection with Derni P.S. Case No. 82 of 2016. (Prakash Chandra Jaiswal, J) sushma/- U T