Sri Bhagwan Ram And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38843 of 2018 Arising Out of PS.Case No. -53 Year- 2018 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ======================================================
1. Sri Bhagwan Ram, son of Subhag Ram,
2. Chandrashekhar Ram @ Chandrashekhar Kumar, son of Sri Bhagwan Ram Both residents of Village- Sakhra, P.S. Dehri (Town), District Rohtas.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy, Adv. For the Opposite Party/s : Sri Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 24-07-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Petitioners seek bail in connection with Dehri (Town) P.S. Case No. 53 of 2018 registered for offence punishable under section 302/34 of the Indian Penal Code and section 27 of the Arms Act.
The allegation as per FIR is that all the six accused persons armed with deadly weapon surrounded the husband of the informant and on the order of Jiut Ram and Sri Bhagwan Ram, the co-accused Sunil Ram shot fire from a very close range on the head of deceased as a result of which he died on spot. It has been submitted that the allegation of causing
Patna High Court Cr.Misc. No.38843 of 2018 (3) dt.24-07-2018 2/2 firearm injury is specific against Sunil Ram. There is omnibus allegation against these petitioners that they surrounded the deceased. Petitioners are in custody since 31.03.2018 having clean antecedent The learned Additional Public Prosecutor on the other hand opposed the submission.
Considering the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Dehri, Rohtas in connection with Dehri (Town) P.S. Case No. 53 of 2018, subject to the following conditions:- (i)One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii)The petitioners will not induce any witness or tamper with the evidence.
(iii)The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
(Sanjay Kumar, J) Mahesh/- U T