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Patna High CourtCR. MISC./14635/2015bail granted

Shivjee Ram v. The State Of Bihar

2015-04-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14635 of 2015 Arising Out of PS.Case No. -195 Year- 2014 Thana -BIHRA District- SAHARSA ====================================================== Shivjee Ram, Son of Jairam Ram, resident of Barahser ( Bela - Bagrauli ), P.S. Bihra, District - Saharsa .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Pramod Mishra, Advocate. For the Opposite Party/s : Mr. R.B.Roy Raman (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-04-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

The informant stated that he had given lease of his pond to Kusho Mukhiya and Anil Jha. The informant and his uncle Jai Krishna Thakur were trying to fish in the pond but, in the meantime, Pradeep Thakur, Dipak Thakur, Ajay Thakur, Ram Vilas Paswan, Fulo Paswan, Rajendra Ram, Md. Rahman along with 10-15 unknown persons came and asked the informant and others not to fish in the pond and, on such, the accused persons assaulted the informant and his uncle Jai Krishna Thakur, who were badly injured. While the informant and his uncle Jai Krishna Thakur were being taken to hospital, Navin Thakur and the petitioner Shivjee Ram were allegedly talking that Jai Krishna

Patna High Court Cr.Misc. No.14635 of 2015 (3) dt.24-04-2015 2/2 Thakur should have been killed. They were not killed. It is submitted that there is no allegation of assault against the petitioner. The petitioner was not even present at the place of occurrence.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in Bihra P.S. Case No. 195 of 2014. (Prabhat Kumar Jha, J) Dilip/- U T