Rahul Ram And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34099 of 2018 Arising Out of PS.Case No. -62 Year- 2018 Thana -RIVILGANJ District- SARAN ======================================================
1. Rahul Ram, S/o Sri Tarakant Ram,
2. Dilip Ram S/o Late Harendra Ram, Both are R/o Jigna, Tiwari Tola, P.S.- Rivilganj, District- Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anuj Kumar Shrivastava For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2018 The petitioners are apprehending their arrest in connection with Rivilganj P.S. Case No. 62 of 2018, registered for offences punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.
Allegation against petitioner no.1 is of giving farsa blow causing injury in between eyes and nose and allegation against petitioner no.2 is that he assaulted by rod on chin. Submission of learned counsel for the petitioners is that there is case and counter case between the parties. It has further been submitted that the petitioners have no criminal antecedent. Heard learned A.P.P. as well as learned counsel for the informant.
Having heard both sides, in view of the above facts, so
Patna High Court Cr.Misc. No.34099 of 2018 (4) dt.30-08-2018 2/3 far petitioner no.1 is concerned, I am not inclined to grant him privilege of anticipatory bail rather he should surrender before the court below and make prayer for regular bail, which would be considered on its own merit.
So far petitioner no.2 is concerned, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned VIIIth Additional Chief Judicial Magistrate, Saran at Chapra, in connection with Rivilganj P.S. Case No. 62 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before
Patna High Court Cr.Misc. No.34099 of 2018 (4) dt.30-08-2018 3/3 the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) sunil/Amjad/- U T