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Patna High CourtCR. MISC./15372/2023bail granted

Ramjan Main @ Ramajan Miyan @ Ramjan Ansari v. The State Of Bihar

2023-03-15Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15372 of 2023 Arising Out of PS. Case No.-125 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== RAMJAN MAIN @ RAMAJAN MIYAN @ RAMJAN ANSARI S/O LATE SAHABUB MIAN Resident of Village- Kritpur, Shaha Nagar, P.S.- Harsidhi, District- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in connection with Sessions Trial No. 717 of 2022 arising out of Harsidhi P.S. Case No. 125 of 2022 under Sections 302 and 201 of the Indian Penal Code.

As per the prosecution story, the informant, 'Chowkidar' came to know about the dead body hanging from a tree. Accordingly, the police was informed. The dead body was brought down and the FIR was lodged against unknown. Earlier the matter was taken up vide Cr. Misc. No. 40597 of 2022 and its analogous case on 13.10.2022 while bail of one of the petitioner was rejected.

Patna High Court CR. MISC. No.15372 of 2023(2) dt.15-03-2023 2/3 Considering the fact that the petitioner is in custody since 27.03.2022 (as stated in paragraph 8 of the bail application) and is ready to appear diligently in the trial, this Court is inclined to grant him privilege of bail with conditions. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of the learned 12th Additional Sessions Judge, Motihari, East Champaran in connection with Sessions Trial No. 717 of 2012 arising out of Harsidhi P.S. Case No. 125 of 2022, subject to the following conditions-:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her 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/her bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or

Patna High Court CR. MISC. No.15372 of 2023(2) dt.15-03-2023 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his 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 the bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/Neha/- U T