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Patna High CourtCR. MISC./41771/2016bail granted

Uma Shankar Ram And ORS v. The State Of Bihar

2016-10-06Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41771 of 2016 Arising Out of PS.Case No. -163 Year- 2016 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Uma Shankar Ram

2. Suresh Ram

3. Girgesh Ram All are sons of Hira Lal Ram Resident of VillageBenasagar, P.S Dinara, District Rohtas. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Roshan Kumar Mishra, Advocate For the Opposite Party : Mr. Sri Shantanu Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-10-2016 Heard learned counsel for the petitioners, the learned counsel representing the State as also the learned counsel for the informant.

The petitioners seek bail in connection with Dinar P.S Case No. 163 of 2016 registered for the offences punishable under Sections 147, 148, 149, 323, 325, 354, 504, 307 of the Indian Penal Code.

Allegedly, due to land dispute the petitioners and other F.I.R. named accused persons assaulted the informant and his family members with lathi on head.

Submission is of false implication and that there is case and counter case admittedly for land dispute the occurrence has taken place, all the injuries found on the person of the

Patna High Court Cr.Misc. No.41771 of 2016 (2) dt.06-10-2016 2/2 informant and his family members are simple in nature caused by hard and blunt substance and, as such, the petitioners deserve sympathetic consideration, as they are suffering in custody since 23.07.2016.

Learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of bail by submitting that all the injuries are on vital part on the body.

In the facts and circumstances stated above, the petitioners are directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of Sri Rajeev Kuamr, learned Judicial Magistrate 1st Class, Bikramganj (Rohtas), in connection with Dinar P.S Case No. 163 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T