Jairam Rai @ Jai Ram Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9425 of 2024 Arising Out of PS. Case No.-567 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Jairam Rai @ Jai Ram Ram SON OF LATE HARDEV RAI RESIDENT OF VILLAGE- NARHARPUR, PS- MARHOWRAH, DIST- SARANA CHAPRA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Marhorah (Gora O.P.) P.S. Case No. 567 of 2023 registered on 07.09.2023 lodged under Sections 341, 323, 324, 325, 307, 504, 506 of the I.P.C. and Section 27, 30, 35 of Arms Act.
3. As per the prosecution case, F.I.R. has been lodged against two named accused persons including the petitioner against whom there is an allegation of demanding ransom from the contractor and came with arms and started indiscriminate firing due to which informant brother has been injured.
4. Counsel for the petitioner submits that the present case has been filed due to political rivalry induced to run
Patna High Court CR. MISC. No.9425 of 2024(2) dt.20-02-2024 2/3 between the informant and the petitioner.
5. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 07.09.2023 having no criminal case pending against him. He further submits that he has specifically pleaded in the petition that in this case petitioner and his son both were made accused under the deep rooted conspiracy. Counsel further submits that there is no independent witnesses to support the prosecution.
6. Counsel for the petitioner further submits that other accused has been granted bail by co-ordinate bench of this Court vide order dated 18.01.2024 passed in Cr. Misc. No. 1279 of 2024.
7. Learned counsel for the State opposes the prayer for bail.
8. Counsel for the informant vehemently opposes the prayer for bail and submits that there is specific allegation upon the petitioner for demand of ransom and one pistol is also recovered from the house of the petitioner.
9. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail three months after framing of charge if
Patna High Court CR. MISC. No.9425 of 2024(2) dt.20-02-2024 3/3 the charge is nor framed yet and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Saran in connection with Marhorah (Gora O.P.) P.S. Case No. 567 of 2023, subject to the conditions laid down under Section 437
(3) of the Cr.P.C.
(Dr. Anshuman, J) Sunnykr/- U