Kadai Ram &Amp; Ors vs State Of Bihar on 17 March, 2011

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Patna High Court - Orders

Kadai Ram &Amp; Ors vs State Of Bihar on 17 March, 2011

Bench: Shyam Kishore Sharma

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.28567 of 2010
      1.   KADAI RAM, SON OF LATE RAM DAS RAM,
      2.   RAMLAL RAM, SON OF LATE RAM DAS RAM ,
      3.   MUTUR RAM, SON OF LATE RAM DAS RAM,
      4.   PARAYAN RAM, SON OF MUTUR RAM,
      5.   MOTILAL RAM, SON OF LATE DASAI RAM,
           ALL RESIDENT OF VILLAGE-SAPANAUTIA, P.S.-SONHAN, DISTRICT-KAIMUR.
                                                                 .....Petitioners.

                                           Versus
           THE STATE OF BIHAR                                         .....Opposite Party.
           For the Petitioner           : Mr. Sada Nand Ray, Advocate.
           For the State                : APP.
                                        -----------


05/        17.03.2011

Heard learned Counsel for the petitioners, learned Counsel appearing on behalf of the State and learned Counsel for the informant.

                                       It     has      been       submitted     by     the

                           learned    Counsel        for    the     petitioners       that

Petitioner No.1 Kadai Rai, Son of Late Ram Das Ram is dead and four petitioners namely Ramlal Ram, Mutur Ram, Parayan Ram and Motilal Ram are alive. These petitioners along with others including Subhash Rai, Shiv Muni Rai, Shiv Bilas Bind and others are accused of the case under Sections 302, 307 and some other Sections of the Indian Penal Code and Section 27 of the Arms Act.

                                       At      the      outset,       it      has     been

                           submitted     by    the     learned      Counsel     for    the
                     2

petitioners that after considering the post- mortem report Shiv Muni Ram and Shiv Bilas Bind have been admitted to bail by this Court on 23.07.2010 in Cr. Misc. Nos. 20418/2010 and 21528/2010 respectively. It has also been submitted that the post-mortem report reveals that the burn injuries were of post-mortem in nature and therefore, doubt on entire allegation has been raised.

Prayer for bail has been opposed by the learned Counsel appearing on behalf of the informant.

Considering the fact that similarly situated accused persons have been admitted to bail, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, Fast Track Court-V, Bhabua (Kaimur)/court concerned in connection with Sessions Trial No. 209 of 2010 - 61 of 2010 corresponding to Bhabua (Sonhan) P.S. Case No. 40 of 2010 (G.R. No. 173 of 2010) on the condition laid down in the order dated 23.07.2010 (Annexure-5) out of those 3 conditions, condition no. (ii) the petitioners will state as to in how many cases they were involved. Other terms and conditions will remain same.

                                 (i)    That      one    of    the    bailors

                 will     be      a      close         relative      of        the

petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners,

(ii) That the affidavit shall clearly state that the petitioners are not accused in any other case and, if they are, they shall not be released on bail,

(iii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Shyam Kishore Sharma, J.) kksinha/-

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Patna High Court - Orders