Mishri Lal Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58843 of 2018 Arising Out of PS.Case No. -86 Year- 2018 Thana -BENIPATTI District- MADHUBANI ======================================================
1. Mishri Lal Ram, Son of Late Ram Lakhan Ram,
2. Md. Mokim Rain, Son of Gulab,
3. Amarjeet Yadav, Son of Late Suttu Yadav,
4. Taj Narayan @ Tej Narayan Yadav, Son of Late Dukhi Yadav, All resident of Village- Sohraul, P.S.- Benipatti, District- Madhubani. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek anticipatory bail in a case instituted for the offences under Sections 147, 148, 149, 323, 324, 325, 307, 354, 379, 380 and 504 of the Indian Penal Code. There is specific allegation against the petitioner nos. 1 and 4, namely, Mishri Lal Ram and Taj Narayan @ Tej Narayan Yadav, who have assaulted the informant on the different part of the body.
In such view of the matter, this Court is not inclined to enlarge the petitioner nos. 1 and 4 on anticipatory bail. Accordingly the prayer for bail is rejected. However, if the
Patna High Court Cr.Misc. No.58843 of 2018 (2) dt.06-10-2018 2 /2 petitioner nos. 1 and 4 surrender before the court below within a period of four weeks from today, the court below will pass an order on its own merit without being prejudiced by the order passed by this Court.
There is no specific allegation against the petitioner nos. 2 and 3, namely, Md. Mokim Rain and Amarjeet Yadav. Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioner nos.2 and 3, namely, Md. Mokim Rain and Amarjeet Yadav, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Benipatti, Madhubani in connection with Benipatti P.S. Case No.86 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Shivaji Pandey, J) Vinay/Sunny U T