Ram Ballabh Singh @ Ram Ballav Sharma @ Baban Sharma @ Ram Ballabh Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12345 of 2020 Arising Out of PS. Case No.-94 Year-2019 Thana- CIVIL LINE District- Gaya ====================================================== RAM BALLABH SINGH @ RAM BALLAV SHARMA @ BABAN SHARMA @ RAM BALLABH SHARMA Son of late kamta Prasad Singh Resident of Village - Gudaru, P.S.- Guraru, Dist.- Gaya, Presently residing at 253, A.P. Colony, P.S.- Rampur, Dist.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No2 For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-01-2021 Heard both parties.
The petitioner apprehends his arrest in Civil Lines P.S. Case No. 94 of 2019, registered for the offence punishable under Sections 147, 149, 323, 341, 504, 506, 427, 332, 333, 353, 379, 307, 224 and 225 of the Indian Penal Code. As per prosecution case, while the informant came to court in connection with Mahila P.S. Case No. 16 of 2014. The informant, on information given by the family of victim that petitioner came at Civil Court, Gaya with one Advocate Mukesh Kumar, tried to apprehend the petitioner, but he was rescued by the co-accused who assaulted and abused the informant and also snatched money and valuable documents from his possession. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and he is
Patna High Court CR. MISC. No.12345 of 2020(3) dt.12-01-2021 2/2 innocent. It is further submitted that at the time of alleged occurrence petitioner was not named in any case and in fact, in Mahila P.S. Case No. 16 of 2014, the police after investigation has submitted final form in the court on 31.03.2014 and on protest cognizance has been taken by the court on 12.04.2019, whereas the alleged incident have taken place on 28.02.2019. As such petitioner was not an accused in any case at the relevant time and hence there was no occasion for the informant to apprehend this petitioner.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 learned Chief Judicial Magistrate, Gaya in connection with Civil Lines P.S. Case No. 94 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T