Bikrama Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70068 of 2019 Arising Out of PS. Case No.-178 Year-2019 Thana- KARAHGAR District- Rohtas ====================================================== 1.

Bikrama Ram, aged about 65 years, Male, Son of Late Ram Gahan Ram, Resident of Village - Khurhuriya P.S.- Kargahar, Distt - Rohtas. 2.

Ganesh Ram, aged about 40 years, Male, Son of Bikrama Ram, Resident of Village - Khurhuriya P.S.- Kargahar, Distt - Rohtas. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Sada Nand Roy, Advocate.

For the Opposite Party :

Mr.Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case for the offence registered under Sections 147, 148, 149, 302, 323, 504 and 506 of the IPC.

The prosecution story, in brief, is that on 27.06.2019 at about 8.00 A.M., the petitioners were digging earth from the informant's field. Informant's father Chandrama Ram went there to stop the accused from digging the earth from his field, then the petitioners and others started assaulting and abusing the said Chandrama Ram with Lathi and Garasa. Due to assault, the said

Patna High Court CR. MISC. No.70068 of 2019(2) dt.19-11-2019 2/3 Chandrama Ram sustained injury and fell down and died on spot.

It has been submitted by learned counsel for the petitioners that the petitioners are languishing in custody since 03.07.2019. The petitioners have got no criminal antecedent. Charge sheet has been submitted in the present case. The petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. General and omnibus allegation has been made against the petitioners. Altogether six persons are said to have assaulted including the petitioners. As per postmortem report, there is only two injuries. In course of investigation, it has come that the Garasa blow was given by co-accused Mahendra Ram. There are fatal injury which led to death of the deceased. No specific injury is attributed against the petitioners.

On behalf of the State and the informant, it is submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on 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 learned A.C.J.M.-3, Sasaram, Rohtas, in connection with Kargahar P.S.

Patna High Court CR. MISC. No.70068 of 2019(2) dt.19-11-2019 3/3 Case No. 178 of 2019.

(Sudhir Singh, J) U.K./- U T