Ram Janm Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58286 of 2015 Arising Out of PS.Case No. -127 Year- 2015 Thana -TARIYANI CHOWK District- SHEOHAR =====================================

1. Ram Janm Rai, S/o Late Lalu Rai.

2. Ram Nihora Rai, S/o Ram Janm Rai.

3. Uma Shanker Rai, S/o Late Ram Lochan Rai.

All resident of Village - Brindaban, P.S. - Tariyani, District - Sheohar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kr. Singh, Adv. For the Opposite Party/s : Mr. Amit Kumar Rakesh (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel, appearing on behalf the petitioners, and learned Additional Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Tariyani P.S. Case No.127 of 2015, disclosing offences under Sections 341, 323, 307, 379, 448 and 504/34 of the Indian Penal Code.

The petitioners and the informant come from

Patna High Court Cr.Misc. No.58286 of 2015 (2) dt.01-02-2016 2/3 the same family. The occurrence is said to have taken place because of land dispute between them.

Learned counsel, appearing on behalf of the petitioners, submits that no offence, under Section 307 of the India Penal Code, is made out against the petitioners on the basis of allegation in the First Information Report. There is no injury caused by any fire arm. The petitioners have no criminal antecedent, as stated in paragraph 3 of the application. Learned counsel, appearing on behalf of the petitioners, further submits that there is no chance of them tampering with the evidence or fleeing from the course of investigation or trial.

Considering the submission, as above, this application is allowed. Let the petitioners, abovenamed, 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 Additional Chief Judicial Magistrate, Sheohar, in connection with Tariyani P.S. Case No.127 of 2015, 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, abovenamed, shall present themselves before

Patna High Court Cr.Misc. No.58286 of 2015 (2) dt.01-02-2016 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