Ram Pyare Bind @ Pyare Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11688 of 2025 Arising Out of PS. Case No.-13 Year-2002 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Ram Pyare Bind @ Pyare Bind S/o Ram Dayal Bind R/o Village- Sherpur, P.S.- Chainpur, Distt.- Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-04-2025 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Chainpur P.S. Case No. 13 of 2002, registered for the offences punishable under Sections 147, 148, 149, 307 of the Indian Penal Code and 27 of Arms Act and 17 of the C.L.A. Act. 3.This matter is being taken up for out of turn hearing on the mentioning made by the learned counsel for the petitioner, Mr. Tribhuwan Narayan that the marriage of the daughter of the petitioner is to be solemnized on 9th of May 2025.

4. The prosecution case in brief is that the named accused persons including the petitioner had come in the night at the house of informant and had asked for food. When the informant denied giving them any food, they went away

Patna High Court CR. MISC. No.11688 of 2025(3) dt.29-04-2025 2/3 threatening to return. Subsequently, after two days, they along with other unknown persons surrounded the village and 70 to 80 rounds of firing was made by the naxalites.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion and there is general and omnibus allegation against all. Learned counsel further submits that it was on account of his criminal antecedent that the petitioner has been named in this present case. However, the petitioner had no connection whatsoever with the aforesaid incident. Learned counsel further submits that though the case is of the year 2002, however, the petitioner was not aware of the same and despite he being in jail custody in the year 2003, he was not taken on remand by the police in the present matter.

Learned counsel for the petitioner also points out that the petitioner had been the Sarpanch of Udhrampur Panchayat during the year 2006, 2011 and 2016 and as such the fact that he was an absconder, is not being proved from the aforesaid fact. Learned counsel further submits that he has filed the supplementary affidavit bringing on record that the charges against the petitioner has already been framed by the learned Trial Court on 03.04.

Patna High Court CR. MISC. No.11688 of 2025(3) dt.29-04-2025 3/3 petitioner is in custody since 20.12.2024 in the present case.

6. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail and has stated that the petitioner belongs to the nexalite group and carries criminal antecedent and it is not safe to be released on bail.

7. Considering the aforesaid facts and circumstances and taking in view that the petitioner was in custody in the year 2003 and still was not taken on remand in the present matter and also the fact that he has won the election of Sarpanch for three consecutive years and also taking into account the period of custody, I am inclined to grant the petitioner privilege of regular bail.

8. Accordingly, the prayer for bail is allowed.

9. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Chainpur P.S. Case No. 13 of 2002. (Sourendra Pandey, J) Siwani/- U T