Kedar Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29089 of 2016 Arising Out of PS.Case No. -104 Year- 2016 Thana -CHENARI District- SASARAM (ROHTAS) ======================================================
1. Kedar Ram Son of Late Ram Kesh Ram
2. Wakil Ram
3. Shyam Lal Ram
4. Mala Ram
5. Santosh Ram All Sons of Kedar Ram All are resident of village - Chenari, P.S. Chenari, District - Rohtas .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh, Advocate For the Opposite Party/s : Sir Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-07-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Chenari P. S. Case No. 104 of 2016 registered under Sections 341, 323, 379 and 504/34 of the Indian Penal Code. It is submitted that there is case and counter case and the present case has been lodged by the informant with a view to create defence in Chenari P.s. Case No. 103 of 2016 instituted by the petitioner no. 5 Santosh Ram. It is further
Patna High Court Cr.Misc. No.29089 of 2016 (2) dt.27-07-2016 2/2 submitted that all the offences alleged in the FIR, except Section 379 of the Indian Penal Code are bailable in nature and the allegation made under Section 379 of the Indian Penal Code is nothing but super addition and has been added in the FIR only with a view to make the offence grave.
Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioners. Regard being had to the nature of allegation and the submissions advanced at the Bar, in the event of arrest or surrender before the court below within six weeks from today, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, VII, Sasaram, District- Rohtas in Chenari P. S. Case No. 104 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Kanchan/- U T