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Patna High CourtCR. MISC./21727/2018bail granted

Gulli Ram And ANR v. The State Of Bihar

2018-07-09Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21727 of 2018 Arising Out of PS. Case No.-58 Year-2018 Thana- SHEKHPURA District- Sheikhpura ======================================================

1. Gulli Ram, S/o Brahmedev Ram,

2. Rajan Ram S/o Karu Ram, Both R/o Village- Murarpur, P.S.- Sheikhpura, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar For the Opposite Party/s :

Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-07-2018 Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners, already in custody, seek bail in connection with Sheikhpura P.S. Case No.58 of 2018 registered under Sections 302/34 of the Indian Penal Code as well as under Section 27 of the Arms Act.

Allegation in brief is that the informant along with her son had come to her relative's place in a social function. It is alleged that all accused persons turned up in the night and all restrained her son and Ghanshyam Rai shot on his chest. Learned counsel for the petitioners submits that the petitioners and other accused are co-villagers and on account of some dispute, petitioners have falsely been implicated in this

Patna High Court Cr.Misc. No.21727 of 2018(5) dt.09-07-2018 2/2 case, the informant is not the eye witness, moreover the only accusation of shooting at the deceased is against Ghanshyam Rai and not against these petitioners and the petitioners have antecedents mostly under the Excise Act besides two cases of Section 307 of the Indian Penal Code and in all cases both are on bail; whereas the learned counsel appearing on behalf of the informant opposes the prayer of bail.

Having considered the aforesaid facts and circumstances, especially the accusation of shooting at the deceased is against Ghanshyam Rai and not against these petitioners, petitioners, namely, Gulli Ram and Rajan Ram are directed to 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 learned CJM, Sheikhpura in connection with Sheikhpura P.S. Case No.58 of 2018. (Arun Kumar, J) S.KUMAR/- U T