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Patna High CourtCR. MISC./70455/2019bail granted

Achhey Lal Ram @ Achhay Lal Ram v. The State Of Bihar

2019-11-18Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70455 of 2019 Arising Out of PS. Case No.-89 Year-2019 Thana- DARAUNDA District- Siwan ====================================================== 1.

ACHHEY LAL RAM @ ACHHAY LAL RAM, aged about 55 years, Male, Son of Bhawnath Ram, Resident of Village - Nawalpur, P.S.- Daraundha, District - Siwan 2.

Dewanand Ram, aged about 40 years, Male, Son of Achhay Lal Ram, Resident of Village - Nawalpur, P.S.- Daraundha, District - Siwan 3.

Manshi Ram @ Munshi Lal Ram, aged about 45 years, Male, Son of Janak Ram, Resident of Village - Nawalpur, P.S.- Daraundha, District - Siwan 4.

Ramesh Ram @ Ramesh Kumar Ram, aged about 25 years, Male, Son of Acchay Lal Ram, Resident of Village - Nawalpur, P.S.- Daraundha, District - Siwan ... Petitioners

Versus

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

For the Petitioners :

Mr. Ramadhar Shekhar, Adv.

For the Opposite Party :

Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Daraunda P.S. Case No. 89 of 2019 registered under Sections 147, 341, 323, 324, 307, 379 and 427 of the Indian Penal Code. The accusation is that nine persons, named in the first information report, including the petitioners, came at the door of the informant, Babu Lal Ram, and started to abuse saying that he has much money to purchase the land. When the informant made protest, then, all started to cause assault through lathi, stick and axe in which his son, Rama Shankar Ram, and

Patna High Court CR. MISC. No.70455 of 2019(2) dt.18-11-2019 2/2 daughter-in-law, Neelam Devi, sustained injury. At that time, Devanand Ram (petitioner no. 2) snatched the gold chain from the neck of the petitioner.

Submission is that while the petitioners are named in the first information report, along with five others, with general allegation of causing assault to the informant, his son, grandson, grand-daughter and daughter-in-law, but, the injuries, as found on the persons of the informant and his son, are simple in nature. Petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Daraunda P.S. Case No. 89 of 2019 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sri R.S. Pandey, Judicial Magistrate, 1st Class, Siwan, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T