Surendra Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51961 of 2016 Arising Out of PS.Case No. -149 Year- 2016 Thana -GHOSI District- JEHANABAD ======================================================
1. Surendra Ram.
2. Upendra Ram,
3. Chitranjan Ram. All sons of Late Sitaram Ram, All residents of VillageDhohri, Police Station- Ghosi, District- Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Ranjan For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-12-2016 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners are languishing in custody since 06.09.2016 in connection with Ghosi P.S. Case No. 149/16 for offences punishable under Sections 307 and other allied Sections of the Indian Penal Code.
The prosecution case is that there was a dispute of throwing garbage by the informant's daughter-in-law and the petitioners along with seven other accused persons inflicted lathi and danda blow on the daughter-in-law of the informant. The informant, his son as well as his daughter-in-law sustained simple as well as grievous injuries.
It has been submitted by the learned counsel for the petitioners that they are innocent and for the same dispute on the
Patna High Court Cr.Misc. No.51961 of 2016 (2) dt.15-12-2016 2/2 same day, the petitioners' side lodged Ghosi P.S. Case No. 148/2016 against the informant's side in which both sides received injuries. It has also been submitted that one of the accused Karu Paswan has since been granted the privilege of anticipatory bail by the learned court below and another co-accused Chhote Ram on similar allegation has also been granted bail by the co-ordinate Bench of this Court in Cr. Misc. No. 42541/2016 on 06.10.2016 and the case of the petitioners are similar to that of other co-accused as there is a general and omnibus allegation of assault by all the accused persons.
However, learned APP for the State submits that the petitioners are named in the FIR and initially these three petitioners started assaulting by lathi and danda and subsequently other coaccused joined them, hence, opposes the prayer for bail. Be that as it may, since the allegations are similar to that of another accused who has since been granted bail, let petitioners, above named, be enlarged on 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 learned Chief Judicial Magistrate, Jehanabad, in connection with Ghosi P.S. Case No. 149/16.
(Nilu Agrawal, J.) Rakhi U T