Ramji Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16738 of 2020 Arising Out of PS. Case No.-27 Year-2001 Thana- NAWANAGAR District- Buxar ====================================================== RAMJI MAHTO S/O- Late Kashi Singh Resident of Village - Mandiya, P.S. - Nawanagar, District - Buxar.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Singh For the Opposite Party/s :
Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Section 147, 148, 149, 323, 324, 307, 302, 452 of the I.P.C. and 27 of the Arms Act.
The prosecution case, in short, is that the accused persons armed with rifle, gun suddenlycame from the house of Shyam Bihari Yadav near pakar tree and surrounded the son of the informant and accused Ramdeo Yadav @ Srikant Yadav
Patna High Court CR. MISC. No.16738 of 2020(2) dt.02-06-2020 2/3 fired upon the son of the informant, due to which he sustained grievous injury. The informant tried to brought him, acused Achhay Yadav assaulted him on his head with butt of the gun and on alarm wife of informant Sanichari Devi came there, accused Ramji Mahto fired with gun upon her, due to which she received injury on her back. Later on, the son of the informant died.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.11.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses against the petitioner. The petitioner has remained in custody for more than one and half years. He has falsely been implicated in this case due to previous enmity. One of the accused of the same name i.e. Ramji Mahto, who is said to have fired upon the victim. It is not clear whether it is the petitioner or it is the other Ramji Mahto.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of Additional District and Sessions Judge VI, Buxar in connection
Patna High Court CR. MISC. No.16738 of 2020(2) dt.02-06-2020 3/3 with S.Tr. No.54 of 2019 arising out of Nawanagar P.S. case No.27 of 2001.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Narendra/- U T