Phedi Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.21075 of 2016 (3) dt.30-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21075 of 2016 Arising Out of PS.Case No. -408 Year- 2015 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Phedi Ram son of Vitan Ram @ Vitan Prasd, Resident of village/Mohalla- Teliya Durga Sthan, Hilsa, P.s.- Hilsa, District- Nalanda ... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-06-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Hilsa P.S. Case No. 408 of 2015 registered for the offences punishable under Sections 324, 452, 307, 380/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, three persons entered into the house of the informant, assaulted the informant on his neck and when Rasbu Kumari caught one of the miscreants then he shot her in her abdomen, thereafter, they opened the door and two persons also came, they locked the informant and others in a room and thereafter, took away Rs. 50,000/- cash, jewelry and mobiles, out of them the petitioner and Mithilesh Kumar were identified and three were not identified. Submission is of false implication and that the petitioner has been named at the instigation of some enemies of the petitioner, the

Patna High Court Cr.Misc. No.21075 of 2016 (3) dt.30-06-2016 informant after realizing the truth has filed compromise petition in the learned court below, the petitioner has got no criminal antecedent, he is suffering in custody since 04.12.2015 and nothing has been recovered from possession of the petitioner.

Learned APP submits that after completion of investigation chargesheet has been submitted against the petitioner. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 2, Hilsa (Nalanda) in connection with Hilsa P.S. Case No. 408 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T