Patna High CourtCR. MISC./36862/2015bail granted

Sunil Ram @ Sunil Kumar And ANR. v. The State Of Bihar

2015-09-10Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36862 of 2015 Arising Out of PS.Case No. -95 Year- 2009 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sunil Ram @ Sunil Kumar Son of Tenni Ram

2. Teni Ram @ Dhani Ram Son of Sarai Ram Both R/o Village Bijbania, P.S. Chanpatia (Sirisia OP), District West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pathak Dhananjay Kumar For the Opposite Party/s : Mr. Sangita Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-09-2015 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Chanpatia (Sirisia OP) P.S. Case No. 95 of 2009 disclosing offences under Sections 341, 342, 323, 324, 325, 307/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits that the F.I.R. was lodged after five days of the alleged occurrence and there is no specific allegation of assault against the petitioners, though there is such allegation against other coaccused persons. I find substance in the submission made by learned

Patna High Court Cr.Misc. No.36862 of 2015 (2) dt.10-09-2015 2/2 counsel for the petitioners.

Keeping in view the submission, as stated above, and the fact that petitioners have got no criminal antecedent, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatia (Sirisia OP) P.S. Case No. 95 of 2009 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) sushma/- U T