Kailash Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31312 of 2019 Arising Out of PS. Case No.-170 Year-2018 Thana- SIMRI District- Buxar ====================================================== KAILASH RAM(Male), aged about 70 years, Son of Late Mangni Ram Resident of Village- Sahiyar, P.S.- Simri, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Mishra For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-05-2019 Heard both sides.

The petitioner apprehends his arrest in Simri P.S. Case No.170 of 2018 registered under Sections 341, 323, 504, 379, 354, 506 and 34 of the Indian Penal Code.

The gist of the allegation is that Ramawtar Ram and Ghural Ram have encroached the land of the informant. When her husband went there to remove the encroachment, the petitioner along with other accused persons are said to have assaulted the husband of the informant and the informant with fist and slab.

The learned counsel for the petitioner submits that petitioner is the father of Ramawtar Ram. Petitioner is an old man. On similar facts, other accused persons namely Ghural Ram, Shanti Devi and Dhanjee Ram have already been enlarged

Patna High Court CR. MISC. No.31312 of 2019(2) dt.13-05-2019 2/2 on anticipatory bail by a Bench of this Court vide order dated 15.01.2019 passed in Cr. Misc. No.77078 of 2018.The case of the petitioner stands on the same footing.

Taking into consideration the facts that no specific allegation of assault is made against the petitioner and the accused persons are alleged to have assaulted the informant and her husband with fist and slab on account of land dispute and similarly situated accused persons have already been granted anticipatory bail, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Simri P.S. Case No.170 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T