Lalchand Ram @ Lalchandra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4201 of 2018 Arising Out of PS. Case No.-225 Year-2017 Thana- HASPURA District- Aurangabad ====================================================== Lalchand Ram @ Lalchandra Ram Son of Late Ganga Ram, Resident of village- Ahyiapur, P.S.- Haspura, District- Aurangabad ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Md. Ataul Haque, Adv.

For the Opposite Party/s :

Mrs. Rita Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-03-2018 Heard Mr. Md. Ataul Haque, learned counsel for the petitioner and Smt. Rita Verma, learned Addl. Public Prosecutor. The sole petitioner, who is own brother of the informant, has approached this Court with a prayer to grant bail in the event of his arrest or surrender in Haspura P.S. Case No.225 of 2017 registered for the offence under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

It was submitted by learned counsel for the petitioner that from the F.I.R. itself, it is evident that alleged occurrence had taken place on 16.11.2017, however without any cogent explanation, the F.I.R. was lodged on 22.11.2017.He further submits that one year prior to the occurrence, due to fall of wall of the informant, two children of the petitioner had died and the informant was suspecting the hand of the petitioner in respect of the alleged offence. In the case, earlier case diary was called for,

Patna High Court Cr.Misc. No.4201 of 2018(4) dt.23-03-2018 2/2 which has been received and kept on record.

Learned Addl. Publice Prosecutor has opposed the prayer for anticipatory bail of the petitioner. However, she accepts that there is only allegation against the petitioner that he gave bottle blow on the head of the informant.

Besides hearing learned counsel for the parties, I have also perused the materials on record.Considering the facts and circumstances, particularly the fact that the petitioner is own brother of the informant, there is not reason to refuse the prayer for anticipatory bail in respect of the petitioner. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner, namely, Lalchand Ram @ Lalchandra Ram be enlarged on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Daud Nagar in connection with Haspura P.S. Case No.225 of 2017, subject to condition as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) nawalkrs/- U T