Musafir Ram @ Mosafir Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46378 of 2017 Arising Out of PS.Case No. -350 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Musafir Ram @ Mosafir Ram Son of Ganaur Ram,
2. Jitendra Ram Son of Mosafir Ram @ Musafir Ram, Both R/o VillageMachha, P.S.- Muffasil, District- East Champaran.
3. Dewnand Ram Son of Suga Ram, R/o Village- Rulahi, P.S.- Muffasil, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-11-2017 Heard the parties.
The petitioners seek regular bail in connection with Muffasil P.S.Case No.350 of 2017 registered for offences punishable under Sections 341, 342, 323, 324, 325, 436, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioners is that they had come on the land of the informant and assaulted and specific allegation is against the petitioner no.2 Jitendra Ram, who assaulted the informant causing fracture injury. The FIR further shows that after two days they came and set the house of the informant on fire and also asked the informant to vacate the land.
Patna High Court Cr.Misc. No.46378 of 2017 (3) dt.07-11-2017 2/3 Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against the petitioners so far setting the house of the informant on fire and so far other allegation is concerned, the allegation against petitioner no.1 is that he is said to be order-giver and the petitioner no.2 has assaulted causing fracture injury. They are in custody for about four months.
Heard learned A.P.P. also, who has opposed the prayer for bail.
Having heard both sides and in view of facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Muffasil P.S.Case No.350 of 2017. With following conditions :
(i) One of the bailors of the petitioners shall be local person having sufficient immovable property within jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidences.
(iii) The petitioners shall co-operate in disposal of trial and make themselves available as and when required by the court concerned and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, their bail bond
Patna High Court Cr.Misc. No.46378 of 2017 (3) dt.07-11-2017 3/3 shall be cancelled.
With the aforesaid observation, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T