Budhu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79102 of 2019 Arising Out of PS. Case No.-120 Year-2019 Thana- BAHERA District- Darbhanga ====================================================== Budhu Ram S/o Late Kailu Ram R/o village- Ghonghiya, P.S.- Bahera, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Jha, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Bahera P.S. Case No.120 of 2019, registered for the offence punishable under Sections 147, 149, 341, 323, 337, 379 and 302 of the Indian Penal Code. Allegation has been made in the FIR that the accused persons forming unlawful assembly armed with lathidanda and stones arrived and assaulted the informant and his family members, as a result of which, the brother of informant died.

Counsel for the petitioner submits that the entire family members of 22 houses have been implicated in the

Patna High Court CR. MISC. No.79102 of 2019(2) dt.11-12-2019 2/2 present case without rhyme and reason and the post mortem report does not support the prosecution story inasmuch as several accused persons have already been granted bail vide Annexure-4 series.

Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Benipur, Darbhanga in connection with Bahera P.S. Case No. 120 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) V.K.Pandey/- U T