Allowed

Manoj Ram and Ors. v. The State Of Bihar

Patna HC4 Apr 2016CR. MISC./7853/2016

Case brief

AI extract

What is this about?

In an application for anticipatory bail arising out of PS. Case No. 104/2015, the Patna High Court dismissed the plea of the first petitioner as he was arrested, rendering the application infructuous regarding him. The court allowed the bail plea for the remaining two petitioners, finding substance in their counsel's submission that an offence under Section 307 IPC was not made out based on the FI

What did the court decide?

Grant of bail to respondent (petitioner) nos. 2 and 3 on bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C.

Manoj Ram and Ors. Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7853 of 2016

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Arising Out of PS.Case No. -104 Year- 2015 Thana -GOVINDPUR District- NAWADA ====================================================== 1. Manoj Ram, Son of Late Kesho Ram 2. Thanu Ram @ Shiv Balak Rajbanshi, Son of Prasadi Ram 3. Mahendra Ram, Son of Shaman Ram All Resident of Village- Horildih, Police Station- Govindpur, District- Nawadah. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Arjun Prasad For the Opposite Party/s : Mr. Narsingh Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER

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2 04-04-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

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This application for grant of anticipatory bail arises out of Govindpur P.S.Case No. 104/2015, disclosing offences under sections 147, 148, 149, 341, 323, 307, 448, 379, 504 of the Indian Penal Code.

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During the pendency of this application, petitioner no.1 is said to have been arrested.

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This application, so far as it relates to petitioner no.1, stands dismissed as having become infructuous.

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From the First Information Report, it appears that in the process of immersion of idol of Goddess Laxmi, a quarrel took

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Patna High Court Cr.Misc. No.7853 of 2016 (2) dt.04-04-2016

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place leading to institution of the present F.I.R.

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Learned counsel, appearing on behalf of the petitioners, submits that no offence under section 307 of the Indian Penal Code is made out, inasmuch as no intention of killing is made out on the basis of the allegation contained in the F.I.R.

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I find substance in the submission advanced on behalf of petitioners no. 2 and 3. This application is, accordingly, allowed.

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Let petitioners no. 2 and 3, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate I, Nawada, in Govindpur P.S.Case No. 104/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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This is subject to the condition that petitioners no. 2 and 3 shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

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(Chakradhari Sharan Singh, J)

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Surendra/U

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Patna High Court Cr.Misc. No.7853 of 2016 (2) dt.04-04-2016 3

Manoj Ram and Ors. v. The State Of Bihar

Case brief

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Manoj Ram and Ors. v. The State Of Bihar

Case brief

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