Patna High CourtCR. MISC./38837/2014bail granted

Shiv Balam Ram And ORS v. The State Of Bihar

2015-04-01Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38837 of 2014 Arising Out of PS.Case No. -21 Year- 2014 Thana -DHANSOI District- BUXAR ======================================================

1. Shiv Balam Ram S/O Late Goga Ram

2. Bachachaji Ram S/O Shiv Balam Ram

3. Akshaylal Ram S/O Shiv Balam Ram All resident of Village- Dulfa, P.S. Dhansoin, District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bishwa Nath Chaudhary For the Opposite Party/s : Mr. Nagendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-04-2015 Heard learned counsel for the petitioners as well as learned counsel for the State.

In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 341, 323, and 307/34 of the I.P.C.

Allegedly, for giving poison to the duck altercation took place and the petitioners assaulted the informant at his door and again the informant was assaulted with fists, lathi and Danda and when his brother and father came for rescue they were also assaulted by the accused persons including the petitioners. Submission is that the present case is counter case of Dhansoin P.S. Case No. 20 of 2014. There is no specific allegation and the allegations are general and omnibus in nature. No offence

Patna High Court Cr.Misc. No.38837 of 2014 (2) dt.01-04-2015 2/2 under section 307 I.P.C. is made out and others are bailable. In the impugned order it has been mentioned that the injuries have been found simple in nature except injury no.1 of injured Ishwar Dayal Paswan which has been referred for expert advice and as such the petitioners deserve sympathetic consideration, to which the learned A.P.P. opposes.

In the facts and circumstances as stated above, the petitioners in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released 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. C.J.M. Buxar in Dhansoin P.S. Case No. 21 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T