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Patna High CourtCR. MISC./35344/2018allowed

Prem Chand Ram And ORS v. The State Of Bihar

2018-07-23Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35344 of 2018 Arising Out of PS. Case No. -456 Year- 2018 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Prem Chand Ram, son of Raj Kumar Ram,

2. Manbabu Ram @ Dhanbabu Ram @ Bhan Babu Ram, son of Prem Chand Ram,

3. Vikas @ Jallu, son of Prem Chand Ram,

4. Ramashish Ram, son of Raj Kumar Ram,

5. Nakhlal Ram, son of Raj Kumar Ram,

6. Vishal Ram, son of Prem Chand Ram,

7. Bhaiyalal, son of Azad @ Pamal,

8. Santosh Ram, son of Ram Ashish Ram, All are resident of Mohalla- Lalganj, P.S.- Sasaram (M), DistrictRohtas. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No. 35728 of 2018 ====================================================== Raj Kumar Ram, son of Jha Jee, resident of Mohalla - Lalganj, P.S. - Sasaram (M), District - Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.35344 of 2018) For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s : Smt. Anita Kumari, APP For the Informant : Mr. Sunil Kumar Singh, Advocate (In Cr.Misc. No.35728 of 2018) For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s : Smt. Anita Kumari, APP For the Informant : Mr. Sunil Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-07-2018 Heard learned counsel for the petitioners and State as well as informant.

Patna High Court Cr.Misc. No.35344 of 2018 (3) dt.23-07-2018 2/3 The petitioners are accused in connection with Sasaram Nagar P.S. case no. 456 of 2018 for the offence under Sections 147, 148, 149, 323, 325, 307, 341, 504 and 506 of the Indian Penal Code and Section 3/4 of the Dayan (Witch) Act. Later on, Section 302 of the Indian Penal Code has been added. Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent and they are in custody since 07.04.2018. Learned counsel submits that the victim died during the course of treatment. He further submits that similarly circumstanced co-accused have been granted bail by a Co-ordinate Bench of this Court vide order dated 06.07.2018 in Cr. Misc. No. 38169 of 2018 and vide order dated 09.07.2018 in Cr. Misc. No. 38720 of 2018.

Considering the fact that the allegation against the petitioners' is similar to the allegation of the co-accused, who have been granted bail by a Co-ordinate Bench of this Court, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram Nagar P.S. case no. 456 of 2018 with the condition that in case, it is reported to the Court below that these accused persons

Patna High Court Cr.Misc. No.35344 of 2018 (3) dt.23-07-2018 3/3 have terrorized the witnesses, the Court below shall be at liberty to cancel the bail bonds of the petitioners.

(Anil Kumar Upadhyay, J) Uday/- U T