Patna High CourtCR. MISC./30376/2018bail granted

Surendra Ram And ORS v. The State Of Bihar

2018-05-18Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30376 of 2018 Arising Out of PS. Case No.-13 Year-2018 Thana- KHUDWAN District- Aurangabad ======================================================

1. Surendra Ram S/o Late Karu Ram

2. Munna Ram S/o Late Karu Ram

3. Manoj Ram S/o Surendra Ram All residents of Malwan, Police Station - Khudwa, District - Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Nivedita Nirvikar For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Khudwan P.S. Case No. 13 of 2018 registered for offences under sections 308, 323, 341, 504, 506 r/w 34 of the Indian Penal Code.

As per allegation, the dispute arose between the parties on account of land whereafter the accused persons started hurling abuses and also assaulted with fist and slaps causing injury on the nose due to which the blood started oozing out.

Learned counsel for the petitioners submits that all

Patna High Court Cr.Misc. No.30376 of 2018(2) dt.18-05-2018 2/2 the sections are bailable except section 308 of the I.P.C. which is prima-facie not maintainable in the present case. Looking to the entire facts and circumstances of the case, let the petitioners, namely, Surendra Ram, Munna Ram and Manoj Ram, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Aurangabad in connection with Khudwan P.S. Case No. 13 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T