Dinesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63873 of 2019 Arising Out of PS. Case No.-143 Year-2017 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.

DINESH RAM Son of Late Bhusadi Ram @ Masadi Ram Resident of Village- Panditpur, P.S.- Pipra Kothi, District- East Champaran. 2.

Mahendra Ram Son of Late Bhusadi Ram @ Masadi Ram Resident of Village- Panditpur, P.S.- Pipra Kothi, District- East Champaran. 3.

Bharat Ram Son of Late Bhusadi Ram @ Masadi Ram Resident of VillagePanditpur, P.S.- Pipra Kothi, District- East Champaran. 4.

Bhulan Ram Son of Late Jadvir Ram Resident of Village- Panditpur, P.S.- Pipra Kothi, District- East Champaran.

5.

Bir Bahadur Ram Son of Late Sahdeo Ram Resident of Village- Panditpur, P.S.- Pipra Kothi, District- East Champaran.

6.

Manoj Ram @ Jhalu Ram Son of Late Sahdeo Ram Resident of VillagePanditpur, P.S.- Pipra Kothi, District- East Champaran. 7.

Lal Bahadur Ram Son of Late Sahdeo Ram Resident of Village- Panditpur, P.S.- Pipra Kothi, District- East Champaran.

8.

Umarawati Devi Wife of Dinesh Ram Resident of Village- Panditpur, P.S.- Pipra Kothi, District- East Champaran.

9.

Chandrawati Devi Wife of Bharat Ram Resident of Village- Panditpur, P.S.- Pipra Kothi, District- East Champaran.

10.

Kalawati Devi Wife of Mahenddra Ram Resident of Village- Panditpur, P.S.- Pipra Kothi, District- East Champaran.

11.

Pramila Devi Wife of Birbahadur Ram Resident of Village- Panditpur, P.S.- Pipra Kothi, District- East Champaran.

12.

Akhilesh Ram @ Akhilesh Kumar Son of Bharat Ram Resident of VillagePanditpur, P.S.- Pipra Kothi, District- East Champaran. 13.

Rakesh Kumar Son of Dinesh Ram Resident of Village- Panditpur, P.S.- Pipra Kothi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-11-2019 Heard learned counsel for the petitioners and learned APP

Patna High Court CR. MISC. No.63873 of 2019(2) dt.04-11-2019 2/3 for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 342, 323, 307, 354, 380, 427, 436, 506 of the Indian Penal Code Sections 3 and 4 of the Dian Prohibition Act and Section 27 of the Arms Act registered in connection with Pipra Kothi P.S. Case No. 143/2017.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties, who are agnates. In any event there is no injury report to corroborate the accusation of assault against any of the petitioners. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners 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 CJM, Motihari, East Champaran, in connection with Pipra Kothi P.S. Case No. 143/2017, 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. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so

Patna High Court CR. MISC. No.63873 of 2019(2) dt.04-11-2019 3/3 required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners shall remain physically present in Court on each and every date during trial except petitioner nos. 8 to 10, who will be well represented in Court on each and every date during trial except as and when directed by the learned Court below to be physically present, 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) Chandran/- U T