Sugrim Ram @Sugriv Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6532 of 2016 Arising Out of PS.Case No. -1312 Year- 2015 Thana -SASARAM MUFFASIL District- SASARAM (ROHTAS) ====================================================== SUGRIM RAM @SUGRIV RAM son of Vikash Ram, resident of villageUchitpur, P.s.- Sasaram (Muffasil), District- Rohtas .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rajendra Kumar Deo, Adv. For the Opposite Party/s : Mr. Uday Chandra Prasad(App) For the informant : Mr. Raghunandan Kr. Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-03-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State as also the learned counsel for the informant. This application for grant of anticipatory bail arises out of Sasaram (Muffasil) P.S. Case No. 1312/2015, disclosing offences under sections 341, 323, 324, 307, 504/34 of the Indian penal Code.
Learned counsel for the petitioner submits that it is evident from the First Information Report that the occurrence took place over property dispute between the petitioner and the informant. He further submits that the petitioner has no criminal antecedent and there is no chance of his tampering with the evidence or fleeing from the course of investigation or trial. It has also been submitted that the injury has been found to be simple in
Patna High Court Cr.Misc. No.6532 of 2016 (2) dt.11-03-2016 nature.
Learned counsel, appearing on behalf of the informant, has vehemently opposed the prayer for anticipatory bail and has submitted that more than one injury have been found on the informant and a case under section 307 of the I.P.C. is made out. According to him, considering the gravity of the offence, the petitioner should not be given the privilege of anticipatory bail. Considering the rival submissions, nature of allegation and the genesis of occurrence, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, be released 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, Sasaram in Sasaram (Muff.) P.S.Case No. 1312/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Surendra/- U
Patna High Court Cr.Misc. No.6532 of 2016 (2) dt.11-03-2016