Patna High CourtCR. MISC./28858/2015bail granted

Shri Bhagwan Ram And ORS v. The State Of Bihar

2015-08-05Mr. Justice Dharnidhar Jha2 pages

Patna High Court Cr.Misc. No.28858 of 2015 (2) dt.05-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28858 of 2015 Arising Out of PS.Case No. -13 Year- 2015 Thana -SAHAR District- BHOJPUR ======================================================

1. Shri Bhagwan Ram son of Late Ram Pravesh Ram

2. Chhathr Ram son of Late Ram Pravesh Ram

3. Surendra Ram son of Late Ram Parvesh Ram

4. Sharwan Ram son of Late Rampervesh Ram

5. Arjun Ram son of Chhathu Ram

6. Dasai Ram son of Chhathu Ram All residents of Village Hanuman Chapra P.S. Sahar Dist Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ram Lallan Singh For the Opposite Party/s : Mr. Prem Kr.Jha(App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 05-08-2015 Heard.

The case is under Section 302 of the Indian Penal Code and the allegations appear generally against all the accused persons of giving blows with lathi and cricket bat so much so to the deceased that he succumbed to the injuries. Submission was that the case diary also did not reveal any specific allegation and that was the reason, the learned Sessions Judge has also not clearly mentioned in his order that any one could be the assailant of the deceased.

Considering the facts of the case and considering the fact that the learned Sessions Judge in spite of having referred to a

Patna High Court Cr.Misc. No.28858 of 2015 (2) dt.05-08-2015 few paragraphs of the case diary has not been very specific as to who had indeed caused any particular injury which had resulted in the death of the deceased, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of CJM, Bhojpur at Ara in Sahar P.S.Case No.13 of 2015.

(Dharnidhar Jha, J) Saif/-Brajesh U T