Patna High CourtCR. MISC./36234/2018bail granted

Vishwanath Ram And ORS v. The State Of Bihar

2018-07-04Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36234 of 2018 Arising Out of PS.Case No. -172 Year- 2017 Thana -BOCHHA District- MUZAFFARPUR ======================================================

1. Vishwanath Ram S/o Late Subelal Ram

2. Nawal Ram S/o Vishwanath Ram

3. Jilebia Devi alias Jilo Devi W/o Vishwanath Ram All residents of Village Rampur Jaipal, P.S. Bochahan, Distt. Muzaffarpur.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Sri Nand Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-07-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek pre-arrest bail in connection with Bochahan P. S. Case No. 172/17 registered under Sections 341, 323, 324, 354(B), 379, 504 and 506 read with Section 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that save and except Sections 354B and 379 of the Indian Penal Code, all other sections under which the FIR has been registered are bailable. Though allegations have been made against petitioner nos. 1 and 2 to have assaulted the

Patna High Court Cr.Misc. No.36234 of 2018 (2) dt.04-07-2018 2/2 informant with dabiya and iron rod, no injury has been caused to the informant. There is no injury report in the case diary. It is further submitted that for same occurrence another FIR was also registered in which the petitioners have already been granted pre-arrest bail.

Considering the nature of allegation made in the FIR and the submissions made above, in the event of arrest or surrender before the court below within six weeks from today, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.K. Srivastava, ACJM-cum-Sub Judge XI, Muzaffarpur in Bochahan P.S. Case No. 172/2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Kanchan/- U T