Durga Ram And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19615 of 2015 Arising Out of PS.Case No. -168 Year- 2014 Thana -PATEPUR District- VAISHALI(HAJIPUR) ======================================================

1. Durga Ram. S/o Fudeni Ram.

2. Ganesh Ram. S/o Nirsan Ram.

3. Ranjit Ram. S/o Ganesh Ram.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s : Mr. Narendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-04-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147/148/149/323/324/307/341/342 of the Indian Penal Code. It is alleged that in the background of dispute with regard to the passage petitioner no.1 abused and assaulted with 'farsa' on the head of Machhu Ram, one of the injuries have been fond grievous whereas petitioner no. 2 assaulted with iron rod to Ajay Ram, petitioner no.3 assaulted Sunil Ram with 'farsa' but the injuries of Ajay Ram and Sunil Ram have been found simple in nature.

It is submitted by learned counsel for the petitioners that except one grievous injury other injuries are simple in nature. There is counter versions of the occurrence and the petitioners'

Patna High Court Cr.Misc. No.19615 of 2015 (2) dt.29-04-2015 2/2 side also received injury.

Considering the fact that petitioner no. 1 caused grievous injury, let the learned Court below consider the prayer for regular bail of the petitioner no.1 Durga Ram, if he surrenders within a period of six weeks.

With the above observation, this application with regard to petitioner no.1 is, accordingly, disposed off. So far as petitioner nos. 2 and 3 are concerned, keeping in view of the fact that the accusation has been levelled in the background of passage dispute and there is counter version of the occurrence also, let them be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Hajipur, Vaishali in connection with Patepur P.S. Case No.168 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T