Ram Babu Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5887 of 2016 Arising Out of PS.Case No. -62 Year- 2015 Thana -NAYAGAON District- BEGUSARAI ======================================================
1. Ram Babu Ram
2. Chun Chun Kumar
3. Lalu Ram Both are sons of Dhoro Ram, Resident of Village- Hanspur, P.S.- Nayagawn, Distt- Begusarai.
4. Rajesh Ram S/o Anup Ram, Resident of Village- Hanspur, P.S.- Nayagawn, Distt- Begusarai. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Bharat Lal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-02-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Nayagawn P.S. Case No. 62 of 2015, disclosing offences under Sections 147, 149, 341, 447, 323, 307, 354 and 504 of the Indian Penal Code.
Learned counsel for the petitioners submits that no offence under Section 307 of the Indian Penal Code has been made out on the basis of allegation as contained in the First Information Report and no grievous injury has been found on the person of the informant. She further submits that dispute between the petitioners and the informant as regards title over the land is the reason behind institution of the First Information Report. She
Patna High Court Cr.Misc. No.5887 of 2016 (2) dt.22-02-2016 2/2 also submits that the present case is counter-blast to the case earlier instituted by the petitioner no. 1.
Considering the genesis of occurrence and nature of accusation and the fact that the petitioners have no criminal antecedent, this application is allowed.
Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, 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 Additional Chief Judicial Magistrate IV, Begusarai in connection with Nayagawn P.S. Case No. 62 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Vats/- U T