Umesh Ram And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.51006 of 2018 (2) dt.04-09-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51006 of 2018 Arising Out of PS.Case No. -61 Year- 2018 Thana -BAKHARI District- BEGUSARAI ======================================================
1. Umesh Ram
2. Jitendra Ram Both Sons Parmeshwar Ram
3. Niraj Kumar Son of Umesh Ram All resident of Hemanpur, P.S. Bakhri, District- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.P.K.Lal For the Opposite Party/s : Mr.S.Kumar-1. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2018 Heard the parties.
The petitioners seek pre-arrest bail in Bakhri P.S.Case No.61 of 2018 registered for the offence under Sections 147, 148, 149, 341, 323, 448, 504, 506, 509, 505, 379 and 307 of Indian Penal Code.
Allegation against petitioner no.1 is of assault to the informant by butt of the pistol causing injury on his nose and petitioners no.2 and 3 is of assault by lathi. Submission of the learned counsel for the petitioners is that no offence under Section 307 of I.P.C. is made out in such circumstance of the case and earlier to the lodging of the present case also the informant lodged a case against the petitioners in
Patna High Court Cr.Misc. No.51006 of 2018 (2) dt.04-09-2018 which they have already been granted bail.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-V, Begusarai, in Bakhri P.S.Case No.61 of 2018 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and (1) one of the bailors must 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 and the petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bonds. (Vinod Kumar Sinha, J) AnilKrSinha/- U