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Patna High CourtCR. MISC./85283/2019bail granted

Ram Kumar Chaudhari @ Ram Kumar v. The State Of Bihar

2020-01-09Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85283 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- AZIMABAD District- Bhojpur ====================================================== 1.

Ram Kumar Chaudhari @ Ram Kumar, Son of Ekbal Chaudhary @ Akbal Chaudhari 2.

Hare Ram Chaudhari, Son of Ekbal Chaudhary @ Akbal Chaudhari, 3.

Mantu Kumar, Son of Ram Kumar Chaudhari @ Ram Kumar, All are Resident of Village - Badagaon Tola, Nariyadih, P.S.- Azimabad, District- Bhojpur ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Narsingh Tanti, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-01-2020 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners in the present case are seeking anticipatory bail in connection with Azimabad P.S. Case No. 52 of 2019 registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Learned counsel submits that there is no specific allegation against these petitioners.

Patna High Court CR. MISC. No.85283 of 2019(2) dt.09-01-2020 2/3 Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case and the submission of learned counsel for the petitioners that so far as these petitioners are concerned, there is only vague, general and omnibus allegation that they had abused and given hands and fist blow to the informant, there is no other allegation of assault on any vital part of the body, further submission that these petitioners are the co-villagers and the dispute seems to have arisen on some petty issues, let the petitioners above named in the event of their arrest or surrender within a period of four weeks from today be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara in connection with Azimabad P.S. Case No. 52 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any

Patna High Court CR. MISC. No.85283 of 2019(2) dt.09-01-2020 3/3 person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/vats U T