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Patna High CourtCR. MISC./9901/2017bail granted

Shyam Ram And ORS v. The State Of Bihar

2017-03-18Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9901 of 2017 Arising Out of PS.Case No. -85 Year- 2016 Thana -MANIGACHI District- DARBHANGA ======================================================

1. Shyam Ram, Son of Rameshwar Ram,

2. Shiv Lal Ram, Son of Kusheshwar Ram,

3. Bhikhari Ram, Son of Kusheshwar Ram,

4. Laxmi Ram, Son of Mohit Ram,

5. Budhu Ram, Son of Bikau Ram,

6. Babu Lal Ram, Son of Gultlen Ram,

7. Ram Chandra Ram, Son of Dukhan Ram,

8. Haris Chandra Ram, Son of Dukhan Ram,

9. Munga Lal Ram, Son of Sanchit Ram,

10. Sushil Ram, Son of Late Jagdish Ram,

11. Pradeep Ram, Son of Shree Chan Ram,

12. Shambhu Ram, Son of Laxmi Ram,

13. Ganaur Ram, Son of Ganeshi Ram, All resident of Village Raje, P.S.- Manigachhi, District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-03-2017 The petitioners are apprehending their arrest in connection with Manigachi P.S. Case No. 85 of 2016, registered for offences punishable under Sections 147, 148, 149, 323, 332, 353, 427, 506 and 504 of Indian Penal Code.

It has been submitted on behalf of the petitioners that though the petitioners are named in the F.I.R. but no specific allegation of overt act has been attributed to these petitioners. Further no allegation of damage of public property or assault to

Patna High Court Cr.Misc. No.9901 of 2017 (3) dt.18-03-2017 2/3 anyone has been made against these petitioners and have falsely been implicated in this case due to political rivalry. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that only general and omnibus allegation has been levelled against all these petitioners, as such, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Darbhanga in connection with Manigachi P.S. Case No. 85 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear

Patna High Court Cr.Misc. No.9901 of 2017 (3) dt.18-03-2017 3/3 before the police on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds.

It is also made clear that if the petitioners again found involved in any of such offence, in future, their bail bonds will be cancelled.

(Vinod Kumar Sinha, J) sunil/- U