Lalbahadur Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4894 of 2021 Arising Out of PS. Case No.-109 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== 1.
LALBAHADUR RAM SON OF LATE BAIDHNATH RAM Resident of Village - Sirisiya, P.S.- Jogapatti, Distt.- West Champaran. 2.
SUDHIR RAM SON OF LATE BAIDHNATH RAM Resident of Village - Sirisiya, P.S.- Jogapatti, Distt.- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Informant : Ms. Archana Jha For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-03-2021 Heard both parties.
The petitioners seek bail in Jogapatti P.S. Case No. 109 of 2020, registered for the offence punishable under Sections 341, 323, 324, 307, 354B, 379 of the Indian Penal Code.
As per the prosecution case, FIR named accused persons including these petitioners armed with lathi, danda and farsa came at the Darwaja of informant and assaulted the informant and his brother, as a result of which both of them sustained injuries. Petitioner no. 1 is alleged to have assaulted the informant with Farsa and lathi causing injuries on his forehead and hands and also alleged to have set ablaze the hut of
Patna High Court CR. MISC. No.4894 of 2021(2) dt.25-03-2021 2/3 informant with the help of Anil Ram. Petitioner no. 2 is alleged to have assaulted Briksha Ram causing injury on his head. It is submitted on behalf of the petitioners that admittedly there is land dispute between the parties. Both parties are Pattidar. Case and counter case and the present case is counter blast of Jogapatti P.S Case No. 110 of 2020 which has been lodged against the informant and others. Injuries have been found to be simple in nature. Petitioners are in custody since 24.09.2020 having clean antecedent. Chargesheet has already been submitted.
Considering the facts and circumstances of the case, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Jogapatti P.S. Case No. 109 of 2020, subject to following conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be
Patna High Court CR. MISC. No.4894 of 2021(2) dt.25-03-2021 3/3 cancelled by the court below.
(ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T