Dharmavir Ram @ Bhola Kumar And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31023 of 2018 Arising Out of PS. Case No.-44 Year-2016 Thana- BELCHHI District- Patna ====================================================== 1.DHARMAVIR RAM @ BHOLA KUMAR, aged about 21 years, son of Vijay Ram.
2. Priyaranjan Kumar @ Manu @ Manu Kumar @ Priyaranjan about 35 years, son of Rajendra Prasad.
Both residents of village Belchhi, P.S. Belchhi, District- Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar For the Opposite Party/s :
Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek Anticipatory bail in connection with Belchhi P.S. Case No. 44 of 2016 registered under Sections 147, 148, 149, 341, 323, 504, 353, 427 & 34 of the Indian Penal Code.
Informant is the S.H.O., Belchhi police station, who in his written report has stated that on 25.09.2016 at 8.00 AM he got an information that 30-40 persons entered in the campus of the police station and they used abusive language and broke furniture of the police station and also destroyed some records. The police resorted to lathi charge for controlling the
Patna High Court Cr.Misc. No.31023 of 2018(2) dt.21-05-2018 2/3 situation. On the basis of footage of video, these petitioners were found involved in the occurrence.
Learned counsel for the petitioners submitted that they are quite innocent and have been falsely implicated in this case. It has further been submitted that there is general and omnibus allegation against the petitioner. It has further been submitted that several co-accused persons have been granted Anticipatory bail as contained in Annexure-2 series of the petition. It has further been submitted that petitioners have no criminal antecedent.
Considering the facts and circumstances of the case, prayer of Anticipatory bail is allowed and petitioners named above in the event of arrest or surrender before the court below within four weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Barh, in connection with Belchhi P.S. Case No. 44 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in trial and
Patna High Court Cr.Misc. No.31023 of 2018(2) dt.21-05-2018 3/3 shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioners and (3) if the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) veena/- U