Navin Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1792 of 2020 Arising Out of PS. Case No.-93 Year-2019 Thana- MALAYPUR District- Jamui ====================================================== 1.
Navin Kumar Ram Son of Ranbir Ram 2.
Abhishek Kumar Son of Jitendra @ Jitu Yadav All are residents of Village - Satgama, P.S. - Jamui, District - Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Niranjan Parihar, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-01-2020 Heard learned counsel for the petitioners and learned counsel for the State.
Petitioners, who are in custody, seek bail in a case, registered for the offence punishable under Sections 379, 411, 325, 307 and 34 of the Indian Penal Code.
Informant has alleged in his written complaint that FIR named accused took away his trailer after tying same with the tractor and while they were moving with trailer on raising alarm police party came there and it has further been alleged that petitioners tried to run over tractor upon him and his nephew but somehow they escaped, however, tractor ran over their foot as a result they sustained injury. The injury report of informant has been enclosed in
Patna High Court CR. MISC. No.1792 of 2020(2) dt.14-01-2020 2/3 which injury no. 1 is grievous in nature and injury no.2 is simple in nature, however injury suffered by his nephew is simple in nature.
Petitioner no.2 Abhishek Verma was sitting on the tractor, there is no allegation against him is of causing any injury to anyone.
Considering the aforesaid facts and circumstances of the case, let the petitioner no.2 named above be released on bail upon furnishing bail bond of Rs. 20,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Mallehpur P.S. Case No. 93 of 2019 subject to the conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner no.2 shall co-operate in the trial and shall be property represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(3) If the petitioner no.2 tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for
Patna High Court CR. MISC. No.1792 of 2020(2) dt.14-01-2020 3/3 cancellation of bail of the petitioner no.2.
As far as petitioner no.1 is concerned, accused Navin Kumar Ram was driving the tractor, causing the said injury, I am not inclined to grant regular bail to the petitioner no.1. Accordingly, this application is rejected.
However, after 6 months of custody he will be granted bail by the court below on same terms and conditions as stated above.
(S. Kumar, J) S.Katyayan/- U T