Ram Babu Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.50421 of 2015 (2) dt.04-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50421 of 2015 Arising Out of PS.Case No. -115 Year- 2015 Thana -JAYNAGAR District- MADHUBANI ======================================================

1. Ram Babu Ram son of Tirphul Ram Resident of village- Sohpur, P.S.- Harlakhi, District- Madhubani .. .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Arun Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-01-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Jay Nagar P.S. Case No. 115 of 2015 registered for the offences punishable under Sections 341, 323, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, the petitioner and co-accused Deo Narayan Yadav overtook the motorcycle of the informant whereon the informant and his friend were going and co-accused Deo Narayan Yadav opened fire causing injury upon the head of the informant and the petitioner was catching hold the informant at that time and again co-accused Deo Narayan Yadav assaulted with butt of the pistol.

Submission is of false implication and that the petitioner has not caused any injury to the informant and moreover

Patna High Court Cr.Misc. No.50421 of 2015 (2) dt.04-01-2016 the case has been compromised and compromise petition has also been filed vide annexure-2. The petitioner is in custody since 26.05.2015 having no criminal antecedent as such he deserves sympathetic consideration to which the learned APP fairly submits that co-accused Deo Narayan Yadav has caused injury to the informant by firearm.

. 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 learned S.D.J.M., Madhubani in connection with Jay Nagar P.S. Case No. 115 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