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Patna High CourtCR. MISC./32693/2020bail granted

Kailash Ram v. The State Of Bihar

2021-02-22Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32693 of 2020 Arising Out of PS. Case No.-211 Year-2019 Thana- DERNI BAZAR District- Saran ============================================== 1.

KAILASH RAM son of RAM EKBAL RAM Resident of Village- Maheshiya, P.S.- Derni, District- Saran at Chapra 2.

2.SANTOSH RAM son of KAILASH RAM Resident of Village- Maheshiya, P.S.-Derni, District- Saran at Chapra 3.

3.LALBABU RAM son of ANANDI RAM Resident of Village- Maheshiya, P.S.-Derni, District- Saran at Chapra 4.

CHHOTU RAM son of SHANKAR RAM Resident of Village- Maheshiya, P.S.-Derni, District- Saran at Chapra 5.

RAJ KISHOR RAM son of KAILASH RAM Resident of Village- Maheshiya, P.S.-Derni, District- Saran at Chapra 6.

SATENDRA RAM son of KAILASH RAM Resident of Village- Maheshiya, P.S.-Derni, District- Saran at Chapra ... ... Petitioners

Versus

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

For the Petitioner/s :

Ms. Rajani Kumari For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-02-2021 Heard Ms. Rajani Kumari, learned counsel for the petitioners and Mr. Bal Mukund Prasad Sinha, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Derni P.S. Case No. 211 of 2019 instituted for the offence under Sections 147, 148, 323,

Patna High Court CR. MISC. No.32693 of 2020(2) dt.22-02-2021 2/3 324, 307, 447, 452, 380, 354, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the accusation is absolutely false and motivated in as much as the subject F.I.R. is the outcome of a complaint petition, which was lodged on 19.06.2019 even when the occurrence is said to have taken place on 02.06.2019. The accusation against the petitioners is general and omnibus. One of the accused of this case, namely, Rajan Ram, who is not the petitioner in this petition, is attributed with the role of giving a knife blow in the stomach of one Sudish Ram. So far the petitioners are concerned, nothing specific has been attributed against them.

Considering the afore-stated facts, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.32693 of 2020(2) dt.22-02-2021 3/3 learned Additional Chief Judicial Magistrate-12, Saran at Chapra, in connection with Derni P.S. Case No. 211 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure (Ashutosh Kumar, J) sunilkumar/- U T