Binda Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12093 of 2021 Arising Out of PS. Case No.-27 Year-2020 Thana- GOH District- Aurangabad ====================================================== BINDA RAM Son of Ramdeo Ram Resident of Village - Dindir , P.S.- Haspura, Dist.- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bindeshwar Prasad Singh For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-06-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case registered for the offence punishable under section 302 and other allied sections of the Indian Penal Code. As per prosecution case, some miscreants arrived at the place of the occurrence and fired upon one of the labourers of the construction company which was constructing a bridge due to non-fulfillment of levy to CPI (Maoist) Magadh Zonal Committee.

It is submitted on behalf of the petitioner that the petitioner is not named in the FIR and he has been dragged in the case on the basis of confessional statement of co-accused

Patna High Court CR. MISC. No.12093 of 2021(2) dt.28-06-2021 2/2 Raju Singh. It is further submitted that co-accused Raju Singh has already been granted bail by a coordinate bench of this court vide Cr. Misc. no. 1987/2021. Petitioner claims clean antecedent and is in custody since 04.08.2020.

Considering the clean antecedent of the petitioner and his period of custody as well as the fact that co-accused has been granted bail by this court, this bail application is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Daudnagar, Aurangabad in Goh P.S. Case no. 27/2020 on the following conditions.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) 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.

(Prabhat Kumar Singh, J) s.hassan/- U T