Akhilesh Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25488 of 2018 Arising Out of PS.Case No. -146 Year- 2018 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Akhilesh Ram,

2. Kamlesh Ram,

3. Goutam Kumar All three Sons of Sheo Pujan Ram,

4. Sheo Pujan Ram S/o Late Garib Ram, All R/o Vill.- Shio, P.S.- Bhabua, District- Kaimur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-06-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Bhabhua P.S.Case no.146 of 2018, G.R.No.441 of 2018 , registered for offences punishable under Sections 341, 323, 325, 504, 354/34 of the Indian Penal Code.

Allegation against the petitioners is of assault to the informant and others.

Submission of the learned counsel for the petitioners is that there is case and counter case between the parties and persons from their side have also received injuries, which will appear from Annexure-3 of the supplementary affidavit and the injuries caused to one of the injured though appears to be grievous in nature that is on the hand, which is not a vital part of the body. Heard learned A.P.P. and the learned counsel for the

Patna High Court Cr.Misc. No.25488 of 2018 (3) dt.18-06-2018 2/2 informant. They have opposed the prayer for bail on the ground that one of the injured person has received grievous injury. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Kaimur at Bhabhua in connection with Bhabhua P.S.Case No.146 of 2018, G.R.No.441 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T