Lalan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9699 of 2021 Arising Out of PS. Case No.-436 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== LALAN RAM SON OF HOREEL RAM R/O- VILLAGE- PURAINA, P.S.- MINAPUR (PANAPUR O.P.), DISTRICT- MUZAFFARPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Neeraj Kumar Alias Sanidh For the Opposite Party/s :

Mr. Harendra Pd. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302/34 and other ancillary sections of the Indian Penal Code. As per the prosecution case, petitioner and other accused persons assaulted the informant and his wife by means of bricks, lathi etc. as a result of which wife of the informant succumbed to the injuries during treatment.

Learned counsel for the petitioner submits that the petitioner is the step son of the deceased and there was dispute

Patna High Court CR. MISC. No.9699 of 2021(3) dt.06-07-2021 2/3 with respect to ancestral property in the family as a result of which minor scuffle took place. There is general and omnibus allegation against the petitioner. Doctor has found only two injuries on the person of the deceased, though it has been alleged that altogether nine persons assaulted the deceased by lathi, bricks etc. Petitioner claims clean antecedent and he is in custody since 21.9.2020.

Considering the aforesaid facts and circumstances of the case and the occurrence took place in the backdrop of dispute with respect to ancestral property in the family and there is general and omnibus allegation against the petitioner, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in Minapur Police Station Case No. 436/2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.9699 of 2021(3) dt.06-07-2021 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T