Satyendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27886 of 2019 Arising Out of PS. Case No.-155 Year-2019 Thana- BIHTA District- Patna ====================================================== 1.

Satyendra Ram, Male, aged about 35 years, Son of Laldeo Ram 2.

Laldeo Ram, Male aged about 70 years, Son of Late Ramashish Ram 3.

Ajay Kumar Male aged about 21 years, Son of Laldeo Ram Resident of Village-- Mathurapur Tola, P.S. Bihta, District- Patna 4.

Mukesh Ram Male aged about 38 years, Son of Laldeo Ram All Resident of Village - Mathurapur Tola, P.S.- Bihta, District - Patna. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Jagjit Roshan For the Opposite Party :

Mr.J.K. Singh, APP For the Informant : Mr. Raj Kumar Mishra, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147,149, 341, 323, 307 and 504 of the Indian Penal Code registered in connection with Bihta P.S. Case No. 155 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of family dispute and there is case and counter case between the parties, who are neighbours to each other. The petitioners' side has instituted an FIR in Bihta P.S. Case No. 154 of 2019 on the very same date of occurrence in retaliation whereof the present FIR has been instituted on the next date.

4. Learned APP assisted by learned counsel for the informant submits that the injuries have been sustained by the informant's side for which they have been referred to PMCH, Patna

Patna High Court CR. MISC. No.27886 of 2019(2) dt.29-04-2019 2/2 for better treatment as well.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on provisional anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Danapur in connection with Bihta P.S. Case No. 155 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

5. The provisional bail granted to the petitioners shall be confirmed upon verification by the learned court below that none of the injuries sustained by the informant's side is grievous in nature, failing which their bail bonds shall stand automatically cancelled. (Vikash Jain, J) BT/- U