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Patna High CourtCR. MISC./35908/2020bail granted

Hansraj Ram v. The State Of Bihar

2021-05-21Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35908 of 2020 Arising Out of PS. Case No.-169 Year-2020 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.

Hansraj Ram, son of Bhola Ram.

2.

Ramraj Ram, son of Bhola Ram.

Both are R/o Village- Nawagaon, P.S.- Buxar (M), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-05-2021 Heard Mr. Krishna Prasad Singh, learned senior Advocate for the petitioners and Md. Aslam Ansari, learned APP for the State.

The petitioners seek bail in connection with Buxar (Muffasil) P.S. Case No. 169 of 2020, which was initially instituted for the offences under Sections 307, 147, 148, 149, 341, 323, 504 and 506 of the Indian Penal Code. Later on, Section 302 of the I.P.C. was also added. This Court had earlier called for a report about the stage of the case from the Court below vide order dated 04.03.2021.

According to the accusation in the F.I.R., the

Patna High Court CR. MISC. No.35908 of 2020(4) dt.21-05-2021 2/3 informant, his son and another were assaulted by the petitioners and others.

It has been submitted on behalf of the petitioners that some of the other accused persons of this case have been granted anticipatory bail by a Bench of this Court vide order dated 13.04.2021 passed in Cr. Misc. No. 34542 of 2020.

The petitioners are in custody since 03.06.2020. It has been submitted by the learned counsel for the petitioners that there is no substantial progress in the case before the Court below. Apart from this, it has been submitted that the accusation against the petitioners is of general and omnibus in nature and from the post-mortem report, it appears that the deceased had received only one injury. The other injured persons including the informant have only received simple injuries.

Considering the aforesaid facts, the petitioners, above-named, are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to

Patna High Court CR. MISC. No.35908 of 2020(4) dt.21-05-2021 3/3 the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (Muffasil) P.S. Case No. 169 of 2020 The application stands allowed.

However, it is directed that the petitioners shall participate in the trial and in case they remain absent from the trial proceeding without any justifiable reason for three consecutive dates, the bail granted to them would be rendered liable to be cancelled.

(Ashutosh Kumar, J) Praveen-II/- U T