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Patna High CourtCR. MISC./46804/2015allowed

Santosh Ram And ORS. v. The State Of Bihar

2015-12-03Mr. Justice Ramesh Kumar Datta2 pages

Patna High Court Cr.Misc. No.46804 of 2015 (3) dt.03-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46804 of 2015 Arising Out of PS.Case No. -97 Year- 2015 Thana -BARUN District- AURANGABAD ======================================================

1. Santosh Ram Son of Chanardhan Ram

2. Jitendra Ram s/o Mukhi Ram

3. Ramashray Ram S/o late Raja Ram

4. Ashlok Ram S/o Bishan Ram@Bitan Ram Vill Narayan Khep Ps. Barun ,Dist Aurangabad(Bihar) .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 03-12-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners pray for anticipatory bail in a case registered under Sections 147, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code.

It is submitted by learned counsel for the petitioners that the allegations made in the first information report are not borne from the injury report and the injuries of two of the persons from the informant's side are found to have been caused by hard and blunt substance and are simple in nature. It is further submitted that the petitioners and the informant party are agnates and there is a long standing dispute between them and all the revenue authorities have decided the matter in favour of these petitioners. The dispute relates to a small piece of land and the

Patna High Court Cr.Misc. No.46804 of 2015 (3) dt.03-12-2015 boundary wall of the petitioners land having crumbled, was being re-erected and at that stage the informant party came there in order to prevent the same for which a case, being Barun P.S. Case No.98 of 2015 under Sections 147, 149, 341, 323, 324 and 307 of the Indian Penal Code, was instituted and as many as four persons of the informant's side had received injuries in the fight that took place.

On a consideration of the facts and circumstances of the case, it is directed that the petitioners, (1) Santosh Ram, (2) Jitendra Ram, (3) Ramashray Ram and (4) Ashok Ram, in the event of their arrest/surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each in connection with Barun P.S. Case No. 97 of 2015 to the satisfaction of the Chief Judicial Magistrate, Aurangabad, subject to the other conditions as laid down under Section 438 (2) of the Cr.P.C.

(Ramesh Kumar Datta, J) V.P.Sinha/- U