Shrawan Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58354 of 2021 Arising Out of PS. Case No.-44 Year-2020 Thana- HALSI District- Lakhisarai ====================================================== 1.
SHRAWAN RAM Son of Pokhan Ram Resident of Village- Barhara, P.S.- Halsi, District- Lakhisarai.
2.
LALAN SAO Son of Lakshmi Sao Resident of Village- Barhara, P.S.- Halsi, District- Lakhisarai.
3.
PRADEEP PANDIT Son of Nand Lal Pandit Resident of Village- Barhara, P.S.- Halsi, District- Lakhisarai.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Prasad, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2022 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
Allegation against the petitioners and other accused persons is that some unknown persons dragged the son of the informant from his house and assaulted badly. During course of treatment, the son of the informant died.
It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He
Patna High Court CR. MISC. No.58354 of 2021(2) dt.20-06-2022 2/2 further submits that there is general and omnibus allegation against them and from perusal of the postmortem report of the deceased, it appears that the cause of death is asphyxia due to drowning which creates serious doubt upon the prosecution case. He further submits that similarly situated co-accused has been granted anticipatory bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 37635 of 2020. Petitioner has got clean antecedent.
Learned APP appearing for the State has opposed the prayer for anticipatory bail.
Considering the aforesaid submissions, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Lakhisarai/concerned Court in connection with Halsi P.S. Case No. 44 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Brajesh Kumar/- U T