Rambaran Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37035 of 2018 Arising Out of PS. Case No.-50 Year-2018 Thana- SANGRAMPUR District- Munger ======================================================

1. Rambaran Kumar son of Bablu Mandal @ Bablu Kumar

2. Bablu Mandal @ Bablu Kumar son of Anandi Mandal All residents of village - Sangrampur, P.O. & P.S Sangrampur, District - Munger.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shama Sinha For the Opposite Party/s :

Mr. Smt. Veena Rani Prasadd.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-08-2018 Heard learned counsel for petitioners and learned counsel for the State.

The petitioners, who are in custody, seek bail in connection with Sangrampur P.S. Case No. 50 of 2018 registered for the offences punishable under Sections 147, 149, 323, 341, 307, 504/34 of the Indian Penal Code. Informant in his written report has stated that while he was at his house, the accused persons including the two petitioners variuosly armed came at his house and started assaulting his father causing head injury. When he along with his mother came to save him the accused persons also assaulted them causing injury. Father of informant succumb to his

Patna High Court Cr.Misc. No.37035 of 2018(4) dt.21-08-2018 2/3 injuries after 13 days during treatment It has been submitted on behalf on the petitioners that they are innocent and have committed no offence. There is case and counter case between the parties in which both sides received injuries. There is no specific allegation of any overt act against petitioners. Allegations are general and omnibus in nature. The petitioners have no criminal antecedent and languishing in custody since 23.03.2018 and 19.03.2018 respectively. Petitioner no. 1 is an Intermediate student. Considering the facts and circumstances of the case, I am not inclined to enlarge petitioner no.2 namely, Bablu Mandal @ Bablu Kumar on bail. Hence, the prayer for bail of the petitioner no.2 is hereby rejected. Trial court is directed to expedite and conclude trial within a period of one year from the date of receipt/production of a copy of this order. However, if the trial is not concluded within one year, petitioner no. 2 may renew his prayer for grant of bail.

So far as petitioner no.1 is concerned since he is a student of Intermediate, petitioner no.1 namely, Rambaran Kumar is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of

Patna High Court Cr.Misc. No.37035 of 2018(4) dt.21-08-2018 3/3 the like amount each to the satisfaction of learned S.D.J.M., Munger in connection with Sangrampur P.S. Case No. 50 of 2018.

(S. Kumar, J.) Rajiv/- U T