Kamlesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61244 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- HASPURA DistrictAurangabad ====================================================== 1.

KAMLESH RAM Son of Naresh Ram @ Ram Naresh Ram R/o VillagePandey Bigh, P.S.- Haspura, District- Aurangabad. 2.

Vivek Ram Son of Suryadeo Ram R/o Village- Pandey Bigh, P.S.- Haspura, District- Aurangabad.

3.

Jitendra Kumar Son of Chandrabhushan Ram R/o Village- Pandey Bigh, P.S.- Haspura, District- Aurangabad.

4.

Shivanand Ram Son of Gorakh Ram R/o Village- Pandey Bigh, P.S.- Haspura, District- Aurangabad.

5.

Ram Pravesh Ram Son of Late Pran Ram R/o Village- Pandey Bigh, P.S.- Haspura, District- Aurangabad.

6.

Ramkalesh Ram @ Ramkamlesh Ram Son of Late Pran Ram R/o VillagePandey Bigh, P.S.- Haspura, District- Aurangabad. 7.

Arun Ram Son of Late Ramjit Ram R/o Village- Pandey Bigh, P.S.- Haspura, District- Aurangabad.

8.

Rajendra Ram Son of Late Ramjit Ram R/o Village- Pandey Bigh, P.S.- Haspura, District- Aurangabad.

9.

Suryadeo Ram Son of Madhesh Ram R/o Village- Pandey Bigh, P.S.- Haspura, District- Aurangabad.

10.

Upendra Ram Son of Madhesh Ram R/o Village- Pandey Bigh, P.S.- Haspura, District- Aurangabad.

11.

Mukesh Kumar Son of Ramnaresh Ram R/o Village- Pandey Bigh, P.S.- Haspura, District- Aurangabad.

12.

Pintu Kumar Son of Ramesh Ram R/o Village- Pandey Bigh, P.S.- Haspura, District- Aurangabad.

13.

Raj Kumar Ram @ Raj Kumar Son of Upendra Ram R/o Village- Pandey Bigh, P.S.- Haspura, District- Aurangabad.

14.

Bhuli Ram Son of Late Nanhak Ram R/o Village- Pandey Bigh, P.S.- Haspura, District- Aurangabad.

15.

Niraj Kumar Son of Bhuli Ram R/o Village- Pandey Bigh, P.S.- Haspura, District- Aurangabad.

16.

Gorakh Ram Son of Late Shirchand Ram R/o Village- Pandey Bigh, P.S.- Haspura, District- Aurangabad.

17.

Deobanshi Devi W/o Ramnaresh Ram R/o Village- Pandey Bigh, P.S.- Haspura, District- Aurangabad.

... ... Petitioners

Versus

The State of Bihar

Patna High Court CR. MISC. No.61244 of 2019(2) dt.01-10-2019 2/3 ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Ms. Mukul Kumari, Advocate.

For the Opposite Party:

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-10-2019 Learned counsel for the petitioners states that the petitioner no. 7 has been arrested and as such the anticipatory bail petition has become infructuous and seeks permission to withdraw the same.

2. Permission is accorded. The anticipatory bail petition of petitioner no. 7 stands dismissed as withdrawn.

3. The petitioners (except petitioner no. 7) apprehend their arrest for the offences alleged under Sections 147, 149, 341, 323, 324, 379, 307, 504, 506 of the Indian Penal Code registered in connection with Haspura P.S. Case No. 30 of 2019.

4. It is submitted that the petitioners (except petitioner no. 7) have been falsely implicated in the backdrop of past enmity and there is case and counter case between the parties. The F.I.R. has been instituted against as many as 22 named and 10-15 unknown persons. The accusations are general and omnibus and in any event the injuries are simple in nature. The petitioners claim clean antecedents.

5. Be that as it may, in the event of the petitioners (except petitioner no. 7) arrest or surrender before the court below within six weeks from the date of communication of this order, let them be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Haspura

Patna High Court CR. MISC. No.61244 of 2019(2) dt.01-10-2019 3/3 P.S. Case No. 30 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioners (except petitioner no. 7).

(ii) That the petitioners (except petitioner no. 7) shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners (except petitioner no. 7) shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioners (petitioner no. 7) shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T