Moti Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36593 of 2017 Arising Out of PS.Case No. -44 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Moti Ram son of Late Jagdeo Ram
2. Bhadai Ram son of Late Mandhar Ram
3. Nand Lal Ram son of Jagdeo Ram
4. Langatu Ram son of Mandhar Ram
5. Bhola Ram son of Late Dukha Ram All residents of Village - Raghunathpur Tola, Baal Ganga, P.S. - Turkaulia, District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Mishra For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-08-2017 Heard the parties.
The petitioners are apprehending their arrest in connection with Turkaulia P.S.Case No.44 of 2016, registered for offences punishable under Sections 147, 148, 449, 341, 323, 324, 354, 427, 379, 307, 504 and 506 of the Indian Penal Code. Allegation against petitioner no.1 is of thrashing the informant on the ground, so far allegation against petitioner no.4 is of snatching a chain from the informant and so far other petitioners are concerned, there are general and omnibus allegation.
Submission of the learned counsel for the petitioners is that the main allegation is against one Ram Chandra Ram and
Patna High Court Cr.Misc. No.36593 of 2017 (2) dt.11-08-2017 2/2 there is a case and counter case between the parties. Heard learned A.P.P. also.
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 four weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Turkaulia P.S.Case No.44 of 2016, subject to conditions 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 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