Ram Bharosh Yadav @ Ram Bharosh Das @ Bharoshi Das @ Bharoshi Yadav @ Ram Bharoshi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15279 of 2025 Arising Out of PS. Case No.-264 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== Ram Bharosh Yadav @ Ram Bharosh Das @ Bharoshi Das @ Bharoshi Yadav @ Ram Bharoshi Yadav S/O Late Kamal Ray Resident of Village - Bhitgyharwa, P.S. - Patahi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar, Adv For the Opposite Party/s :

Mr.Shailendra Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Chhauradano P.S Case No. 264 of 2024 registered for the offences punishable under Sections 49, 109, 118(2), 61(2), 352 of Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. As per allegation in the FIR, when informant was returning from Pipra approx 7 to 8 miscreants opened fire upon him due to which he sustained bullet injury.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next

Patna High Court CR. MISC. No.15279 of 2025(3) dt.14-05-2025 2/3 submits that specific allegation of firing is upon the co-accused Monu Kumar and there is general and omnibus allegation against the present petitioner. During investigation also there were no cogent material recovered which shows the involvement of the petitioner in the alleged occurrence. The petitioner fault was only that he was present at the spot. It is also submitted that petitioner is in judicial custody since 27.10.2024 having six criminal antecedent of similar nature as stated in Paragraph 3 of the bail petition.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order dated 13.01.2025, it appears that allegation against the petitioner is of general and omnibus and keeping in view that the specific allegation of firing is not on petitioner rather on one co-accused namely Monu Kumar and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Raxaul, East Champaran, Motihari in connection with

Patna High Court CR. MISC. No.15279 of 2025(3) dt.14-05-2025 3/3 Chhauradano P.S Case No. 264 of 2024 subject to the condition that petitioner shall appear physically on each and every date fixed by the Trial Court till conclusion of the Trial. (Ramesh Chand Malviya, J) Sunnykr/- U