Prem Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50303 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- JALALPUR District- Saran ====================================================== 1.

PREM RAM Son of Late Bhikhari Ram Resident of Village - Harpur, P.S.- Jalalpur, District- Saran 2.

Chhathu Ram Son of Rajeshwar Ram @ Ram Prit Ram Resident of Village - Harpur, P.S.- Jalalpur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhileshwar Pandey For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Jalalpur P.S. Case No. 41 of 2019, disclosing the offence under Section7 and other allied Sections of the Indian Penal Code. It is alleged in the FIR that on the day of Holi festival the occurrence had taken place. Allegedly, the persons named in the FIR had assaulted the informant and others variously. It is alleged against petitioner no. 1 that he was carrying a sword and petitioner no. 2 was allegedly carrying an iron rod.

Learned counsel appearing on behalf of the petitioners appears to be correct in his submission that there is

Patna High Court CR. MISC. No.50303 of 2019(2) dt.13-08-2019 2/2 no allegation of specific overt act against either of the two petitioners. He also submits that the injury has been found to be simple in nature.

Considering the above submission, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned ACJM-IX, Saran at Chapra in Jalalpur P.S. Case No. 41 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T