Rambachan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18484 of 2021 Arising Out of PS. Case No.-376 Year-2020 Thana- RAMNAGAR District- West Champaran ====================================================== 1.

Rambachan Ram, Son of Manai Ram, 2.

Pintu Ram, Son of Rambachan Ram, Both are Residents of Village- Navgawa, P.S.- Ramnagar, District- West Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Adv.

For the Opposite Party/s :

Mr.Sakil Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-08-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioners seek bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 337, 338, 302 of the Indian Penal Code.

Allegation against the petitioners alongwith other accused persons is said to have assaulted the informant and family members due to which the son of the informant died during treatment.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.18484 of 2021(2) dt.06-08-2021 2/3 petitioners are innocent and have falsely been implicated in this case. He further submits that so far as the petitioners are concerned it is not specific at all against her rather there is general and omnibus allegation the petitioners, though, the allegation is against altogether 10 in numbers pelted the bricks etc. upon the informant side in which the son of the informant (deceased) had received only one head injury his caused fettle who died during treatment but there is no other injury upon body which also suggests that as to who is author of injury. The petitioners are languishing in judicial custody since 17.11.2020. The petitioners have got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State vehemently opposed the prayer for bail of the petitioners.

Considering the facts, there is general and omnibus allegation against the petitioners, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each in connection with Ramnagar P.S. Case No. 376/2020 to the satisfaction of learned Court below where the case is pending/ successor Court; subject to the following conditions:

Patna High Court CR. MISC. No.18484 of 2021(2) dt.06-08-2021 3/3

(1) that one of the bailors will be a close relative of the petitioners, who will be given an affidavit giving genealogy as to how he is related with the petitioners. They will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) that the bailors shall also state on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

(3) that the petitioners will be well represented on each and every date fixed in the case and if they fail to do so on two consecutive dates their bail bonds will be liable to be cancelled.

(4) that the petitioners shall co-operate with the investigation, if not already concluded and make themself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) amitkumar/- U T