Ramsaresh Kumar @ Ramagope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44635 of 2014 Arising Out of PS.Case No. -29 Year- 2014 Thana -SAHJAHANPUR District- PATNA ====================================================== Ramsaresh Kumar @ Ramagope, son of Devendra Prasad Yadav @ Rambriksh, Resident of village - Chhoti Kewai, P.S. Shahjehanpur, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Bharat Lal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 04-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 307/504 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner is to have shot fire causing injury to the brother of the informant and he also shot fire on the informant which did not hit.

It is submitted that there is case and counter case for the same occurrence. The informant and his brother came to the house of the petitioner and misbehaved with the wife of the petitioner and also snatched her ornaments. She has also lodged a complaint case bearing no.762/2014 on the basis of which, Shahjehanpur P.S. Case No.32/2014 has been lodged. There is no allegation of

Patna High Court Cr.Misc. No.44635 of 2014 (3) dt.04-03-2015 2/2 repetition of firing on the brother of the informant. After investigation, charge sheet has already been submitted and there is no chance of tempering with the evidence.

The learned counsel for the State submits that the petitioner has also criminal antecedents.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City/court concerned in Shahjehanpur P.S. Case No.29/2014 after framing of charge with the following conditions : 1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T