Shivu Ram @ Shivu Kumar Ram @ Shivu Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13364 of 2025 Arising Out of PS. Case No.-80 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== Shivu Ram @ Shivu Kumar Ram @ Shivu Das, aged about 40 years (Male), S/O Lakhan Deo Ram, R/O Village- Raghopur, Ward No.-13, Rampur Shyamchandra, P.S- Raghopur, Distt.- Vaishali. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Shaishav Kumar, Advocate For the Opposite Party :
Mrs. Sharda Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Musrigharari P.S. Case No. 80 of 2023 dated 12.06.2023 registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.
3. As per the prosecution case, the co-accused Ranjeet Kumar @ Dabloo Jha was remanded from Bhibhutiur P. S. Case No. 69 of 2023 for interrogation and in course of interrogation, he confessed his guilt and who also named Ram Balak Singh, an ex-M.L.A. and his brother Lalbabu Prasad, Shooter Shivu Ram (petitioner) and his unknown friend as their involvement in the alleged crime. Accordingly, on 12.06.2023 at about 2.00 P.M.,
Patna High Court CR. MISC. No.13364 of 2025(2) dt.20-03-2025 2/3 the informant and other police officials raided the old house of the co-accused Ranjeet Kumar @ Dabloo Jha and recovered one loaded pistol alongwith cartridges which was wrapped in the plastic buried in the soil adjacent to the west wall of the house of the co-accused Ranjeet Kumar @ Dabloo Jha.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has been remanded in the present case from Bibhutipur P.S. Case No. 69 of 2023. It is submitted that the name of the petitioner has surfaced in the present case on the basis of the confessional statement of the co-accused Ranjeet Kumar @ Dabloo Jha. No incriminating article has been recovered from the possession of the petitioner. It is submitted that the said co-accused person, namely, Ranjeet Kumar @ Dabloo Jha has already been granted bail by the then Coordinate Bench of this Court vide Cr. Misc. No. 85333 of 2023 under order dated 23.01.2024, annexed as Annexure-P/2 to the present bail application. The charge sheet has been submitted in the present case. The petitioner has three criminal antecedents and in two cases, he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 16.07.2024.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.13364 of 2025(2) dt.20-03-2025 3/3 opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned JM.F.C.-cumAdditional Munsif, Samastipur in connection with Musrigharari P.S Case No. 80 of 2023 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T