Santosh Ram @ Santosh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44990 of 2015 Arising Out of PS.Case No. -184 Year- 2015 Thana -KOTWALI District- MUNGER ======================================================
1. Santosh Ram @ Santosh son of Late Gopal Ram
2. Lalan Ram, son of Sri Sukhdeo Ram
3. Rakesh Kumar @ Pale, son of Santosh Ram
4. Sonu Kumar, son of Sri Lalan Ram
5. Shivshankar Ram @ Shiv Narayan Ram @ Saral Ram, son of Late Gopal Ram
6. Bhola Ram, son of Sri Lalan Ram
7. Bikki Kumar, son of Sri Shiv Shankar Ram @ Shiv Narayan Ram @ Saral Ram
8. Munna Ram @ Muna Ram, son of Sri Bachu Ram
9. Moti Ram @ Moti Singh @ Chappu Ram @ Chappu son of Sri Bachu Ram
10. Bishwajit Kumar son of Sri Murari Ram All are resident of Mohalla- Chhotekelawari, Police Station- Kotwali, District- Munger .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajendra Prasad Sah For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-10-2015 Heard Sri Rajendra Prasad Sah, learned counsel for the petitioners and learned A.P.P.
Ten petitioners, apprehending their arrest in connection with Kotwali P.S. Case No. 184 of 2015, registered for the offence under Section 341, 323, 324, 379/ 34 of the Indian Penal Code, have prayed for grant of anticipatory bail. Learned counsel for the petitioners submits that only to create a defence the present F.I.R. has been lodged. Fact remains
Patna High Court Cr.Misc. No.44990 of 2015 (2) dt.13-10-2015 2/3 that on the basis of fardbyan of wife of petitioner no. 2 an F.I.R. was lodged against the informant of the present case for the offences punishable under Section 341, 323, 325, 307, 379 and 34 of the Indian Penal Code. He further submits that most of the offences alleged in the present F.I.R. are bailable. Accordingly, a prayer has been made for granting anticipatory bail to the petitioners.
In view of the facts and circumstances, particularly the fact that an F.I.R. was lodged from the petitioners' side against the informant of the present case and other members and the nature of accusation, the court is of the opinion that it is a fit case for extending the privilege of anticipatory bail to all the petitioners. Accordingly, in the event of arrest or surrender of the petitioners, namely Santosh Ram @ Santosh, Lalan Ram, Rakesh Kumar @ Pale, Sonu Kumar, Shivshankar Ram @ Shiv Narayan Ram @ Saral Ram, Bhola Ram, Bikki Kumar, Munna Ram @ Muna Ram, Moti Ram @ Moti Singh @ Chappu Ram @ Chappu, Bishwajit Kumar, within a period of eight weeks from today, they shall be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kotwali P.S. Case No. 184 of 2015
Patna High Court Cr.Misc. No.44990 of 2015 (2) dt.13-10-2015 3/3 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure.
(Rakesh Kumar, J) Praful/- U T