Patna High CourtCR. MISC./22191/2017bail granted

Mahendra Ram And ORS v. The State Of Bihar

2017-07-01Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.22191 of 2017 (3) dt.01-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22191 of 2017 Arising Out of PS.Case No. -68 Year- 2017 Thana -JOKIHAT District- ARRARIA ======================================================

1. Mahendra Ram, son of Late Ajab Lal Ram,

2. Yogendra Ram, son of Late Ajab Lal Ram,

3. Harihar Ram, son of Late Ajab Lal Ram,

4. Guddu Ram, son of Mahendra Ram,

5. Laddo Ram @ Laddu Ram, son of Mahendra Ram,

6. Vinod Ram, son of Mahendra Ram,

7. Santosh Ram, son of Harihar Ram,

8. Jitendra Ram, son of Harihar Ram, All residents of Village Rani Gopalpur Tola Ward No.2, P.S.- Jokihat, District- Araria.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Jokihat P.S. Case No. 68 of 2017 registered for the offences punishable under Sections 147, 447, 323, 354 (B), 379, 504 of the Indian Penal Code.

It is submitted that as per first information report, the specific allegation is against co-accused Nagendra Ram to have assaulted with Farsa to mother of the informant causing head injuries, against the petitioners there is general and omnibus allegation and as such offence under Section 307 IPC is not made

Patna High Court Cr.Misc. No.22191 of 2017 (3) dt.01-07-2017 out and allegation under Section 379 IPC is ornamental one. There is pervious enmity between the parties.

Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, the petitioners above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds 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. II, Araria in connection with Jokihat P.S. Case No. 68 of 2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T