Pramod Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3740 of 2024 Arising Out of PS. Case No.-34 Year-2023 Thana- HIRAMMA P.S. District- Sheohar ====================================================== Pramod Ram Son Of Umesh Ram Resident Of Village - Hirouta, Police Station - Hiramma, District - Sheohar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mazharul Hassan, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-02-2024 Heard Mr. Mazharul Hassan, learned counsel for the petitioner and Mr. Rabindra Kumar, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Hiramma P.S. Case No. 34 of 2023, F.I.R. dated 11.04.2023 for the offences punishable under Sections 147, 149, 447, 341, 324, 323, 307, 504, 506 and 435 of the Indian Penal Code.
3. According to prosecution case, petitioner along with other co-accused person namely, Dinesh Ram assaulted the brother of the informant.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that due to
Patna High Court CR. MISC. No.3740 of 2024(2) dt.07-02-2024 2/3 land dispute the present occurrence took place between the parties. He further submits that there is case and counter case between the parties. He further submits that although the brother of the informant, namely, Chandardeo Ram received injury but the injury report of the victim suggests that the injury found upon him is simple in nature caused by the hard and blunt substance.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances and the fact that the injury found upon the victim is found simple in nature and there is case and counter case between the parties, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sheohar in connection with Hiramma P.S. Case No. 34 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.3740 of 2024(2) dt.07-02-2024 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) ajay/- U T