Ram Kewal Urawn v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12192 of 2022 Arising Out of PS. Case No.-20 Year-2010 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== RAM KEWAL URAWN S/o Guni Urawn R/o Village- Charki, P.S.- Adhoura, District- Kaimur at Bhabua.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan For the Opposite Party/s :
Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Adhoura P.S. Case No. 20 of 2010 lodged under Sections 147, 148, 149, 342, 323, 324, 307, 384, 363, 365 and 504 of the Indian Penal Code and read with 27 of the Arms Act and 10/13 Unlawful Activity Act and 17 C.L.A. Act.
It has been alleged in the FIR that on 11.07.2010 when the informant was feeding his cattle 10 to 15 persons of the activist group surrounded the entire village. There is general and omnibus allegation of abuse, threat, creating fear to the house of informant as well as the license-holder family. They were also grabbed 10 persons named in the FIR. The informant had filed specific case against 18 known persons including the
Patna High Court CR. MISC. No.12192 of 2022(2) dt.30-06-2022 2/3 petitioner. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. There is nothing specific in the FIR and learned counsel further submits that petitioner has surrendered before the Trial Court on 02.02.2021. He further submits that similarly situated coaccused persons were granted bail by the Co-ordinate Bench of this court through Annexure-2 (series). On the point of criminal antecedent of the petitioner, learned counsel submits that he is ready to furnish an affidavit that he shall not involve in such activities in future.
Learned APP for the State opposes the prayer for bail but also admit that vide Annexure 2 (series), more than 10 similarly situated persons were granted bail by a Co-ordinate Bench of this court.
In the present facts and circumstances that allegations are general and omnibus, there is nothing specific allegation against the petitioner and considering Annexure-2 (series) by which similarly situated persons were granted bail and also upon the period of custody that he is in custody since 02.02.2021, let the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.12192 of 2022(2) dt.30-06-2022 3/3 satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Adhoura P.S. Case No. 20 of 2010, subject to the following conditions :- One of the bailars shall be his close relative. The petitioner is directed to file an affidavit that he shall not involve in such activities in future, at the furnishing of his bail bond before the lower court.
The prosecution is at liberty to move for cancellation of his bail in case he is found involve in such type of activities again.
(Dr. Anshuman, J) Gautam/- U T