Rangila Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.59428 of 2022 Arising Out of PS. Case No.-99 Year-2017 Thana- DAUDPUR District- Saran ====================================================== 1.

RANGILA RAM Son of Late Rampati Ram Resident of village - Khar Rahiya, P.S.- Daudpur, Dist.- Saran, Chapra.

2.

Munni Lal Ram Son of Late Rampati Ram Resident of village - Khar Rahiya, P.S.- Daudpur, Dist.- Saran, Chapra.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Md.Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-12-2022 Heard learned counsel for the petitioners, learned counsel for the informant and Mr. Md. Fahimuddin, learned APP for the State.

The petitioners in this case are seeking regular bail in connection with Daudpur P.S. Case No. 99 of 2017 registered for the offence punishable under Sections 341, 323, 307, 504/ 34 of the Indian Penal Code. They have no criminal antecedent and are in custody since 25.03.2022.

Learned counsel for the petitioner submits that the petitioners and wife of petitioner no. 2 are alleged to have assaulted the informant and his family members by barchi, lathi and dabiya.

Learned counsel submits that the petitioners and the

Patna High Court CR. MISC. No.59428 of 2022(2) dt.23-12-2022 2/3 informant are full brothers and in the background of land dispute the alleged occurrence took place and the petitioners are in custody since 25.03.2022 having no criminal antecedent. Learned APP for the State has opposed the prayer for bail of the petitioners.

Having regards to the facts and circumstances of the case, wherein it is submitted that the petitioners and the informant are full brothers, there is a land dispute and the alleged occurrence took place in connection with the said dispute, the petitioners have remained in custody since 25.03.2022, the investigation at this stage is complete and they have otherwise no criminal antecedent, there being no submission on behalf of the State that their release at this stage is likely to result in tampering with the evidence or interfering with the course of trial, this Court directs that the petitioners above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of Sri Vivek Kumar J.M. 1st Class, Saran, Chapra in connection with Daudpur P.S. Case No. 99 of 2017, subject to the condition as laid down under Section 437 (3) Cr.P.C.

And further condition that the court below shall verify

Patna High Court CR. MISC. No.59428 of 2022(2) dt.23-12-2022 3/3 the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application is allowed.

(Rajeev Ranjan Prasad, J) tusharika/- U T