Haridarshan Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48917 of 2015 Arising Out of PS.Case No. -140 Year- 2014 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ======================================================
1. Haridarshan Ram Son of Sri Gyan Chand Ram, Resident of Village - Morowna, P.S. - Bikramganj, District - Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha For the Opposite Party/s : Mr. Smt. Pushpa Sinha 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 341, 323, 324, 307 and 302 of the I.P.C Allegedly, the petitioner and other FIR named accused persons came and started assaulting the wife and son of the informant and when the informant asked the reason then the coaccused Mangal Ram told him that why he was not sending his wife before him and then the co-accused Jaleshwar Ram gave farsa blow on the leg of Nandan Sharma, the son of the informant, and further assaulted on the head of the informant and all assaulted
Patna High Court Cr.Misc. No.48917 of 2015 (5) dt.30-01-2016 2/3 the wife and Kundan Sharma the son of the informant and during treatment Nandan Sharma died.
Submission is of false implication and that the petitioner is in custody since 16.06.2015, against him there is no specific allegation, against Jaleshwar Ram there is specific allegation for assaulting the deceased, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. opposes by submitting that against the petitioner also there is general allegation.
In the facts and circumstances as stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Bikramganj in Bikramganj P.S. Case No. 140 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive
Patna High Court Cr.Misc. No.48917 of 2015 (5) dt.30-01-2016 3/3 dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) Abhay/- U T