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Patna High CourtCR. MISC./3690/2020disposed

Sanoj Ram v. The State Of Bihar

2020-09-18Mr. Justice Birendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3690 of 2020 Arising Out of PS. Case No.-52 Year-2019 Thana- CHHATAPUR District- Supaul ====================================================== 1.

SANOJ RAM Son of Late Chulhay Ram Resident of Village-Parsa Birwal, Ward No.12, Police Station-Chhatapur, District-Supaul. 2.

Manoj Ram Son of Late Chulhay Ram Resident of Village-Parsa Birwal, Ward No.12, Police Station-Chhatapur, District-Supaul. 3.

Saroj Ram Son of Late Chulhay Ram Resident of Village-Parsa Birwal, Ward No.12, Police Station-Chhatapur, District-Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Kumar Mehta, Advocate.

For the Opposite Party/s :

Mr.Md. Matloob Rab, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-09-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 379, 504, 506, 427 and 354/34 of the Indian Penal Code. Allegation against the petitioner Sanoj Ram is of commission of injury at the head of Lalan Ram. The doctor has found lacerated wound over the vertex of Lalan Ram. Learned counsel for the petitioners submits that there is case and counter case. Land dispute is the reason behind the

Patna High Court CR. MISC. No.3690 of 2020(4) dt.18-09-2020 2/3 occurrence.

Since petitioner Sanoj Ram had knowledge that his act might cause death, I am not inclined to enlarge him on anticipatory bail in connection with Chhatapur P.S. Case No. 52 of 2019.

Hence prayer for anticipatory bail of the petitioner Sanoj Ram is refused.

Other petitioners namely Manoj Ram and Saroj Ram bear allegation of commission of injury on non-vital part of body by lathi, etc., hence let the petitioners Manoj Ram and Saroj Ram, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Chhatapur P.S. Case No. 52 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

Patna High Court CR. MISC. No.3690 of 2020(4) dt.18-09-2020 3/3 (b) The petitioner nos. 2 and 3 shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner nos. 2 and 3.

(c) The petitioner nos. 2 and 3 shall not leave the country without permission of the trial Court. Accordingly, this application stands disposed of. (Birendra Kumar, J) mantreshwar/- U T