Surendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60362 of 2019 Arising Out of PS. Case No.-523 Year-2018 Thana- DUMRA District- Sitamarhi ====================================================== SURENDRA RAM Son of Ram Dayal Ram Resident of Village- Gosainpur Manjhaulia, P.S.- Dumra, District- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh For the Opposite Party/s :
Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 325, 307 and 504/34 of the Indian Penal Code, registered in connection with Dumra P.S.Case No. 523 of 2018.
3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute between the parties. It is alleged that the accused persons, including the petitioner, came with iron rod, Tengari, and Lathi-Danda to the door of the informant. The petitioner is said to have assaulted the informant on his head with Tengari. It is, however, submitted that there is no injury report available in the case diary to corroborate the accusation, as is evident from the order of the learned Sessions
Patna High Court CR. MISC. No.60362 of 2019(2) dt.26-09-2019 2/3 Judge. Co-accused Krishnandan Ram, who is said to have assaulted the informant's son on his teeth by iron rod, has been granted anticipatory bail on 27.04.2019 in A.B.P. No. 03 of 2019 by the learned Sessions Judge, Sitamarhi. Other coaccused persons namely Bhola Ram, Sandhiya Devi and Mira Devi have also been granted anticipatory bail by the said court. The petitioner claims clean antecedents.
4. Be that as it may, in the event of petitioner's arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,Sitamarhi in connection with Dumra P.S. Case No. 523 of 2018, 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 petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself
Patna High Court CR. MISC. No.60362 of 2019(2) dt.26-09-2019 3/3 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 petitioner 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, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) HR/- U T