Vijay Ram @ Bijay Ram And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.46558 of 2018 (2) dt.24-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46558 of 2018 Arising Out of PS.Case No. -130 Year- 2018 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ======================================================

1. Vijay Ram @ Bijay Ram,

2. Sanjay Ram,

3. Indradev Ram, All Son of Late Rajju Ram, null

4. Munni Ram @ Munnee Kumar

5. Mantu Ram @ Nandu Ram,

6. Dahod Ram @ Dahadu Ram @ Dahodu Ram, All Son of Umesh Ram, All 1 to 6 R/o Vill. Kananpar, P.S.- Chandi, Distt.- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramji Kumar For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-08-2018 Heard learned counsel for the petitioners as well as the State.

The petitioners apprehend their arrest in Chandi P.S. Case No. 130/2018, instituted for the offences punishable under Sections 147, 148, 149, 302, 379, 323, 337, 427, 504 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners has submitted that in the written report, there is specific allegation of causing firearm injury to Arvind Kumar against co-accused Vikash Kumar, who subsequently died in the hospital. There is no allegation of any specific overt act against these petitioners.

Patna High Court Cr.Misc. No.46558 of 2018 (2) dt.24-08-2018 Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Chandi P.S. Case No. 130/2018, they shall be released on anticipatory 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 A.C.J.M. 1st, Hilsa, Nalanda, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J.)