Ram Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36833 of 2016 Arising Out of PS.Case No. -54 Year- 2016 Thana -RAFIGANJ DistrictAURANGABAD =====================================
1. Ram Kumar, S/o Jairam Singh.
2. Mantu Kumar, S/o Jai Singh.
Both resident of Village- Danai, P.S.- Rafiganj, DistrictAurangabad (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s :Mr. Gajendra Kumar Singh, Adv. For the Opposite Party/s :Mr. Dr. Rabindra Kumar, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-09-2016 Heard learned counsel, appearing on behalf of the petitioners, and learned Additional Public Prosecutor, appearing on behalf of the State.
This application, for grant of anticipatory bail, arises out of Rafiganj P.S. Case No. 54 of 2016, disclosing offences under Sections 324, 307, 448, 380, 147, 148, 149, 341, 323 and 511 of the Indian Penal Code. Learned counsel, appearing on behalf of the
Patna High Court Cr.Misc. No.36833 of 2016 (2) dt.08-09-2016 2/3 petitioners, has submitted that there is specific allegation against the persons, who caused the assault. Referring to allegation made against petitioner No. 1, he submits that there is no allegation of any assault against him. As regards petitioner No. 2, he contends that though there is allegation that he assaulted one Deepak Kumar with iron rod in his head, the injury has been found to be simple in nature. He has further submitted that as a matter of fact, there was free-fighting between the informant's side and the petitioners' side and both sides received injuries. One Jai Ram Singh of petitioners' side sustained grievous injuries and succumbed to the injuries.
In view of the submission, as above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Rafiganj P.S. Case No. 54 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners, above named, shall present themselves before
Patna High Court Cr.Misc. No.36833 of 2016 (2) dt.08-09-2016 3/3 the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Praveen-II/- U T