Kailash Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47302 of 2015 Arising Out of PS.Case No. -346 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN (MOTIHARI) =====================================

1. Kailash Ram, Son of Late Bholi Ram.

2. Prakash Ram, Son of Late Bholi Ram.

3. Tapasi Ram, Son of Kailash Ram.

4. Bhikhari Sah, Son of Basdeo Sah.

All resident of village - Fulwar Gamhariya, P.S. - Turkauliya (Banjariya), District - East Champaran at Motihari. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Adv. For the Opposite Party/s : Mr. Jagdhar Pd. (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-02-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Turkaulia (Banjaria) P.S. Case No.346 of 2015, disclosing offences under Sections 341, 323, 326(A), 307, 379 and 504 of the Indian Penal Code. The petitioners are said to be the agnates of

Patna High Court Cr.Misc. No.47302 of 2015 (3) dt.26-02-2016 2/3 the informant.

Learned counsel for the petitioners submits that the injuries have been found to be simple in nature. He further submits that there is no chance that the petitioners would be tampering with the evidence or fleeing away from the course of investigation, if they granted the privilege of anticipatory bail. According to him, the allegation, contained in the First Information Report, is an exaggerated version of insignificant occurrence, which had taken place.

Considering the facts and circumstances and the submissions, as advanced on behalf of the petitioners, this application is allowed. Let the petitioner Nos.1 to 4, abovenamed, 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, Motihari, East Champaran, in connection with Turkaulia (Banjaria) P.S. Case No.346 of 2015, 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, abovenamed, shall present themselves

Patna High Court Cr.Misc. No.47302 of 2015 (3) dt.26-02-2016 3/3 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.) Praveen-II/- U T