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Patna High CourtCR. MISC./51510/2019bail granted

Suresh Ram v. The State Of Bihar

2019-08-21Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51510 of 2019 Arising Out of PS. Case No.-81 Year-2018 Thana- VAISHALI District- Vaishali ====================================================== 1.

Suresh Ram, (Male), aged about 50 years, Son of Yogendra Ram, Resident of Village- Bardahiya Chaknait, P.S. and District- Vaishali. 2.

Ramesh Ram, (Male), aged about 48 years, Son of Yogendra Ram, Resident of Village- Bardahiya Chaknait, P.S. and District- Vaishali. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Abhay Kumar, Advocate.

For the Opposite Party :

Mr.Zainul Abedin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-08-2019 A supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on the record. Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are languishing in custody since 14.02.2019 in a case for the offence registered under Sections 147, 148, 149, 323, 307 and 302 of the IPC.

The prosecution story, in brief, is that on 01.04.2018 at 10-11 A.M., Indrawati Devi wife of Yadav Ram and Asha Devi, his daughter-in-law, started abusing his elder brother Mahesh Ram and his younger brother informed the Villagers about this. Due to this, on 01.04.2019 at 9.30 P.M. in night

Patna High Court CR. MISC. No.51510 of 2019(2) dt.21-08-2019 2/3 Yaddu Ram, Shankar Ram, Vipul Kumar, Saroj Kumar, Indarwati Devi, Yogendra Ram, Arun Ram, Suresh Ram (petitioner no. 1), Soni Devi, Ramesh Ram (petitioner no. 2) and Vikram Bhagat came to his house and started throwing bricks and stones. They have dragged his father Arjun Ram from his house took him to the field and assaulted him with Stick and seriously wounded due to which, he died on the spot. They all fled away from the spot. They tried to save his father but could not save his life.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties

Patna High Court CR. MISC. No.51510 of 2019(2) dt.21-08-2019 3/3 of the like amount each to the satisfaction of the learned Ist Class Judicial Magistrate, Vaishali at Hajipur, in connection with Vaishali P.S. Case No. 81 of 2018.

(Sudhir Singh, J) U.K./- U T