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Patna High CourtCR. MISC./43483/2014bail granted

Sandeep Ram And ANR. v. The State Of Bihar

2015-03-20Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43483 of 2014 Arising Out of PS.Case No. -172 Year- 2013 Thana -CHARPOKHARI District- BHOJPUR ======================================================

1. Sandeep Ram, son of Late Shari Ram

2. Bikrama Rajwar @ Bhunda Ram, son of Sri Suresh Ram All residents of Village-Sonwarsa, P.S- Charpokhari, in the district of Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-03-2015 At the outset, learned counsel for the petitioners submits that petitioner no.1 Sandeep Ram has already been taken into custody. Hence, his bail application has now become infructuous.

So far as petitioner no.2 Bikrama Rajwar @ Bhunda Ram is concerned, this application is pressed. Heard learned counsel for the petitioners and the learned counsel for the State.

Petitioner no.2 is apprehending his arrest in connection with Charpokhari P.S. Case No.172 of 2013 for allegedly having committed the offences punishable under Sections 341, 323, 436, 427 and 504/34 of the Indian Penal Code.

With regard to petitioner no.2, learned counsel for

Patna High Court Cr.Misc. No.43483 of 2014 (3) dt.20-03-2015 2/2 the petitioners submits that the present case has been lodged after about four months and no plausible explanation has been offered as to why said delay took place in filing the present F.I.R. It is further submitted that as per the F.I.R. itself, it is clear that some houses of this petitioner were also burnt. Learned counsel further submitted that it is only an afterthought and on account of village politics that the present case has been lodged against the petitioner.

Considering the aforementioned submissions and the nature of allegations, let petitioner no.2, namely, Bikrama Rajwar @ Bhunda Ram, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara, in connection with Charpokhari P.S. Case No.172 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T