Bhola Ram vs The State Of Bihar
2021 Latest Caselaw 1939 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.34524 of 2020
       Arising Out of PS. Case No.-169 Year-2020 Thana- BUXAR MUFFSIL District- Buxar
     ======================================================

1. Bhola Ram, aged about 62 yeas, Gender-Male, son of Ramnath Ram

2. Sandesh Ram @ Sandesh Kumar Ram, aged about 25 years, Gender-Male, son of Bhola Ram Both are resident of Village - Nawagaon, P.S. - Buxar District- Buxar.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s    :       Mr. Krishna Prasad Singh, Sr. Advocate with
                                     Mr.Bhaskar Shankar, Advocate
     For the State           :       Mr. Umanath Mishra, APP
     For the Informant       :       Mr. Abhijeet Gautam, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 13-04-2021

The matter has been heard via video conferencing.

2. Heard Mr. Krishna Prasad Singh, learned senior

counsel along with Mr. Bhaskar Shankar, learned counsel for the

petitioners; Mr. Umanath Mishra, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State and

Mr. Abhijeet Gautam, learned counsel for the informant.

3. The petitioners apprehend arrest in connection with

Buxar (Muffasil) PS Case No. 169 of 2020 dated 01.06.2020,

instituted under Sections 307, 147, 148, 149, 341, 323, 504, 506 of

the Indian Penal Code to which later on Section 302 was added. Patna High Court CR. MISC. No.34524 of 2020 dt.13-04-2021

4. The allegation against the petitioners is of assault on

the informant and three other persons which also resulted in the

death of Rajesh Ram.

5. Learned counsel for the petitioners submitted that

though the allegation is general and omnibus of assault on the

informant and three others, but the injury on all the persons has

been found to be simple in nature and on Rajesh Ram, who later

succumbed to his injury, only one wound on the head has been

found which is the cause of death. Thus, it was submitted that the

petitioners against whom there is no specific overt act alleged

coupled with the fact that they have no criminal antecedent, may

be granted indulgence.

6. Learned APP submitted that the allegation is of

assault on four persons. However, in view of the postmortem

report and injury reports being brought on record, it was not

controverted that death was only due to one injury on the head and

the injuries on other persons are simple in nature.

7. Learned counsel for the informant submitted that the

petitioners were also among the six persons who had assaulted

and, thus, there was common intention.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the Patna High Court CR. MISC. No.34524 of 2020 dt.13-04-2021

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Buxar in Buxar (Muffasil) PS

Case No. 169 of 2020, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further, (i) that one of the bailors shall be a close relative of the

petitioners, (ii) that the petitioners and the bailors shall execute

bond with regard to good behaviour of the petitioners, and (iii)

that the petitioners shall also give an undertaking to the Court that

they shall not indulge in any illegal/criminal activity, act in

violation of any law/statutory provisions, tamper with the

evidence or influence the witnesses. Any violation of the terms

and conditions of the bonds or the undertaking shall lead to

cancellation of their bail bonds. The petitioners shall cooperate in

the case and be present before the Court on each and every date.

Failure to cooperate or being absent on two consecutive dates,

without sufficient cause, shall also lead to cancellation of their bail

bonds.

9. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioners, to Patna High Court CR. MISC. No.34524 of 2020 dt.13-04-2021

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioners.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T