Ramjee Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10354 of 2020 Arising Out of PS. Case No.-72 Year-2017 Thana- JADOPUR District- Gopalganj ====================================================== RAMJEE PAL Son of Daresh Pal Resident of Village - Bagaha, P.S.- Jadopur, Dist.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anirudh Kumar Sinha For the Opposite Party/s :
Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 341, 323, 324, 325, 307, 504/34 of the I.P.C.
Petitioner had earlier moved this Court for regular bail vide Cr. Misc. No. 78803 of 2018 which was rejected on 04.02.2019 with a direction to the trial court to conclude the trial within one year.
Allegation against petitioner is of assaulting the uncle of informant Raghunath Pal and one Sitabi Prasad on their
Patna High Court CR. MISC. No.10354 of 2020(2) dt.19-06-2020 2/3 head by means of iron rod, as a result of which they sustained grievous injuries and during treatment Sitabi prasad died. It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case due to land dispute. Informant has been examined in this case and has not stated about any assault made by petitioner on deceased. Similarly placed co-accused have been granted bail by a coordinate Bench of this Court as contained in Annexure 4 series. Petitioner has no criminal antecedent and is in custody since 25.05.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Jadopur P.S. Case No. 72 of 2017 (Sessions Trial No. 135 of 2018) subject to the conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-
Patna High Court CR. MISC. No.10354 of 2020(2) dt.19-06-2020 3/3 operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) veena/rajivU T