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Patna High CourtCR. MISC./16708/2018bail granted

Bagar Ram And ANR v. The State Of Bihar

2018-05-02Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16708 of 2018 Arising Out of PS.Case No. -17 Year- 2017 Thana -INARWA District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Bagar Ram, son of Late Chandu Ram,

2. Adeya Ram, son of Heeralal Ram @ Heera Ram, Both are residents of Village- Jhajhari, Police Station- Inerwa, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Sri Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

This is a case registered under Sections 147, 149, 447,341,323,307,436,504 of the Indian Penal Code and 27 of the Arms Act.

It is submitted by the petitioners' counsel that the allegation against the petitioner no. 1 is of sprinkling Kerosene oil. The co-accused Heera Lal Ram @Heera Ram who is alleged to have ignited the fire has been allowed bail in Cr. Misc. No. 30661 of 2017. As regards the petitioner no. 2, it is submitted that he is in custody since 4.11.2017 and that the injury report suggests that the injury is simple in nature. He submits that there is existing land dispute between the parties and they have

Patna High Court Cr.Misc. No.16708 of 2018 (3) dt.02-05-2018 2/2 falsely been implicated in this case. The petitioner no. 1 is in custody since 20.11.2017 and has no criminal antecedent. So far as the petitioner no. 2 is concerned, though he is accused in two other cases but in both the cases he is on bail.

In the facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners above named be released on bail on their furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Bettiah, West Champaran in Inerwa P.S. Case No. 17 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners.

(ii) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U