Ramchandra Sadai @ Ramchandra Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24870 of 2021 Arising Out of PS. Case No.-168 Year-2020 Thana- BAHADURPUR District- Darbhanga ====================================================== Ramchandra Sadai @ Ramchandra Sada Son Of Late Paltan Sada R/O Mohalla/Village- Mahpara, P.S.- Bahadurpur (SONKI O.P.), DistrictDarbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Mrityunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Bahadurpur (Sonki OP) P.S. Case No. 168 of 2020, registered for the offence punishable under Sections 323, 302 and other allied sections of the Indian Penal Code.

As per the prosecution case, on the alleged date and time of occurrence, all the accused persons including petitioner came at Darwaja of the informant and started abusing. On being protested by the informant's wife, all the accused persons assaulted her and when informant's daughter-in-law came to save her, she was also assaulted by them. When informant's wife came to rescue her daughter-in-law, co-accused Rohit

Patna High Court CR. MISC. No.24870 of 2021(2) dt.27-07-2021 2/2 Sadai gave Gupti blow on the left side of her chest, as a result of which she succumbed to injury on the way to the hospital. It is submitted on behalf of the petitioner that there is general and omnibus allegation and no specific overt act has been raised against this petitioner. Specific allegation of assault is against co-accused Rohit Sadai. Petitioner is having clean antecedent and he is in custody since 28.05.2020. Considering the facts and circumstances of the case, the petitioner above-named, 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 Judicial Magistrate Ist Class, Darbhanga in connection with Bahadurpur (Sonki OP) P.S. Case No.

168 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) 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.