Kanhai Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34274 of 2018 Arising Out of PS.Case No. -17 Year- 2018 Thana -MALI District- AURANGABAD ======================================================
1. Kanhai Ram,
2. Krishna Ram, both sons of Ganesh Ram,
3. Uttam Devi @ Usha Devi, wife of Krishna Ram.
4. Sumitra Devi, wife of Kanhai Ram.
5. Prabhakar Ram, son of Krishna Ram.
6. Roushan Ram, Son of Kanhai Ram.
7. Bhadai Ram @ Sonu, son of Naresh Ram.
8. Pappu Ram, son of Naresh Ram,
9. Ashok Ram, son of Naresh Ram, all resident of village- Kol Manjholi, P.S.- Mali, District- Aurangabad.
10. Rajeshwar Ram @ Rajeshwar Paswan, son of Deolagan Paswan, P.S.- Rishiup, Dist.- Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Smt. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 27-07-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Mali P.S. Case No.17 of 2018 instituted for the offence under Section(s) 147, 149, 341, 323, 379, 427, 324, 504 and 506 Indian Penal Code. Counsel for the petitioners submits that there is land dispute between the parties. There is general and omnibus allegation against the petitioners that they abused and assaulted the informant when the informant raised objection for keeping Gumti (wooden shop). It is further submitted that petitioners
Patna High Court Cr.Misc. No.34274 of 2018 (3) dt.27-07-2018 2/2 were installing the wooden Gumti on their own land. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Mali P.S. Case No.17 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) JA/- Rohit Kr.
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