Shyam Narayan Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68460 of 2018 Arising Out of PS. Case No.-772 Year-2017 Thana- BHABHUA District- Bhabhua (Kaimur) ======================================================

1. Shyam Narayan Ram

2. Vijay Narayan Ram Both Son of Late Sigu Ram

3. Chandan Ram

4. Niranjan Ram, Both Son of Shyam Narayan Ram, All Resident of Village-Amardhi, P.S. Bhabua (Sonhan), Distirct Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan For the Opposite Party/s :

Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 379/34 of the Indian Penal Code.

Initially, the case was lodged under section 307 and other minor sections of the Indian Penal Code but submission on behalf of the petitioners is that after due investigation, police submitted charge sheet for the offences punishable under sections 341, 330, 379, 504/34 of the Indian Penal Code. Learned counsel for the petitioners also submits that there is a case and counter case between the parties and as a

Patna High Court Cr.Misc. No.68460 of 2018(2) dt.17-12-2018 2/2 matter of fact, the alleged occurrence took place due to dispute of irrigation. However, except section 379 of the Indian Penal Code, all the sections in charge-sheet are bailable in nature. So far as section 379 of the Indian Penal Code is concerned, the same appears to be superficial in nature.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabhua in Bhabhua (Sonhan) /P.S. Case No. 772 of 2017 subject to condition as laid down under Section 438(2) of the Cr.P.C.

N.K/- (Hemant Kumar Srivastava, J) U T