Binde Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19696 of 2024 Arising Out of PS. Case No.-144 Year-2023 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Binde Ram, aged about 45 years, S/o Sitai Ram R/o Dakshini Kasaur, P.S. - Ghanshyampur, Dist. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Kumar, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence under Sections 341, 323, 307, 379, 504, 506 and 354(A)/34 of the Indian Penal Code.

3. As per the prosecution case, the informant has alleged that when she was at her house, the accused persons came, abused and thereafter to assault her.

4.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. He next submits that that petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 08.10.2023.

Patna High Court CR. MISC. No.19696 of 2024(2) dt.03-04-2024 2/3 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

On perusal of the first information report as well as impugned order dated 06.02.2024, it appears that petitioner is named in the FIR and there is no repeated blow on the body of the injured and co-accused persons have already been grated anticipatory bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 73960 of 2023, in these circumstances, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Ghanshyampur P.S. Case No.144 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Benipur, Darbhanga with following conditions:- (i) One of the bailors should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.19696 of 2024(2) dt.03-04-2024 3/3 (iii) The petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the Stat shall be at liberty to take steps for cancellation of the bail bonds;

(v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T