Dablu Kumar @ Dablu Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2360 of 2015 Arising Out of PS.Case No. -71 Year- 2014 Thana -SANDESH District- BHOJPUR ======================================================

1. Dablu Kumar @ Dablu Ram son of Yamuna Ram

2. Jitendra Ram son of Anant Ram

3. Anil Ram son of Anant Ram All are residents of Village-Kori, P.S.-Sandesh, District-Bhojpur .... .... Petitioners

Versus

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

For the Petitioners : Mr. Gopal Govind Mishra For the Opposite Party : Mr. Chandra Bhushan Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 323, 448, 504 of the I.P.C.

It is alleged that petitioner Dablu Ram assaulted Birendra Ram whereas Jitendra Ram assaulted Ravindra Ram and thereafter all the accused persons assaulted the informant and his brother.

It is submitted by learned counsel for the petitioners that the injury caused by petitioner Dablu Ram to Birendra Ram has been found to be superficial simple in nature whereas the opinion with regard to the injury caused by

Patna High Court Cr.Misc. No.2360 of 2015 (3) dt.29-01-2015 2/3 petitioner Jitendra Ram to Ravindra Ram has been reserved. There is no specific accusation of assault against petitioner Anil Ram.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the above facts, this Court is not inclined to grant bail to the petitioner Jitendra Ram. Let learned Court below consider the prayer for regular bail of the petitioner Jitendra Ram without being prejudiced by the order of this Court.

Accordingly the application with regard to petitioner Jitendra Ram stands disposed off in connection with Sandesh P.S. Case No. 71 of 2014, pending in the Court of learned Chief Judicial Magistrate, Bhojpur, Ara. So far as petitioner Nos. 1 and 3 namely Dablu Kumar @ Dablu Ram and Anil Ram are concerned, since the injury caused by petitioner Dablu Kumar @ Dablu Ram has been found to be superficial simple in nature and there is no accusation of assault against petitioner Anil Ram, let the petitioner Nos. 1 and 3, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection

Patna High Court Cr.Misc. No.2360 of 2015 (3) dt.29-01-2015 3/3 with Sandesh P.S. Case No. 71 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T