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[Cites 8, Cited by 0]

Jharkhand High Court

Ram Singh & Ors vs State Of Jharkhand on 20 October, 2011

Author: D.N. Upadhyay

Bench: D.N. Upadhyay

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                      A.B.A. No. 3184 of 2011
                 1. Ram Singh
                 2. Banshi Singh
                 3. Ravi Singh @ Ravindra Singh
                 4. Sheru Singh
                 5. Raj Kumar Singh
                 6. Bijay Singh
                 7. Shanti Devi
                 8. Chaman Singh @ Barun Singh
                 9. Aditya Singh
                 10. Nitesh Singh
                 11. Jamuna Singh
                 12. Bitni Devi                                ...   ......      Petitioners
                                            Versus
                 The State of Jharkhand            ....   ...  ....  ...        Opp. Party
                                            ------
                 CORAM:         HON'BLE MR. JUSTICE D.N. UPADHYAY
                                            ------
                 For the Petitioners        :      Mr. Binod Kumar Dubey, Advocate
                 For the Opp. Party         :      A.P.P.

02     /20.10.2011

Heard learned counsel for the parties.

Petitioners are accused in a case registered under Sections 147, 149, 341, 323, 379, 387 & 504 of the Indian Penal Code.

It reveals from the F.I.R. that all the accused persons named in the F.I.R. including the petitioners, after forming unlawful assembly caused assault to the informant and his companion and further demanded money from them. It is also alleged that during scuffle Rs.1000/- was also snatched away.

It is submitted that land dispute prevailing between the parties is admitted. No person from the side of informant had sustained any injury, even then informant has filed a complaint for the offence punishable u/s 307 I.P.C. Story of commission of theft is always super added in such type of cases.

Learned counsel for the State opposed the prayer for bail but concedes that no injury report is available in the case diary written up to para-32, dated 07.10.2011.

Considering aforesaid aspects of the matter, above named petitioners are directed to surrender in the Court below within a month and on such surrender or in the event of their arrest they shall be released on bail by the Court below on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hazaribagh in connection with Patratu P.S. Case No.9 of 2011 corresponding to G.R. Case No.126 of 2011 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(D.N. Upadhyay, J) NKC