Ramanand Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19365 of 2022 Arising Out of PS. Case No.-144 Year-2019 Thana- MORKAHI District- Khagaria ====================================================== Ramanand Sada Son Of Dhaneshwar Sada Resident Of Village- Kargil, P.S.- Morkahi, District- Khagaria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Satya Nand Shukla, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Morkahi P.S. Case No. 144 of 2019 (G.R. No. 3252 of 2019) lodged under Sections 147, 148, 149, 341, 342, 343, 307, 386, 379, 506 of the Indian Penal Code read with Section 27 of the Arms Act.

As per the prosecution case is that the informant was ploughing his field, in the meantime the petitioner along with 3 known and 5-6 unknown persons started demanding ransom, stating that if informant has to do the ploughing work, he has to pay tax for the same and thereafter the allegation upon the present petitioner is to fire upon the informant by which the informant suffered gun shot in his right shoulder, as a result the

Patna High Court CR. MISC. No.19365 of 2022(2) dt.20-07-2022 2/3 informant become injured.

Learned counsel for the petitioner submits that the dispute is relating to agricultural work, he is in custody since 13.12.2021 and charge sheet has already been filed in this case. On the point of criminal antecedent, there are three criminal antecedent against the present petitioner. Learned counsel further submits that he is ready to file an affidavit before the Trial Court that in future if he shall involve in any criminal activity, his bail bond shall be cancelled. He further submits that no arms was recovered from the possession of anyone but the police has added Section 27 of Arms Act, only with a view to make the offence graver.

Learned counsel for the State opposes the prayer for bail and mentioned that the petitioner has no clean antecedent and there is a chance that he may create hurdle during trial, if bail shall be granted to him.

In the present facts and circumstances and the submissions made above of this case, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IVth, Khagaria in connection with Morkahi P.S. Case No. 144 of

Patna High Court CR. MISC. No.19365 of 2022(2) dt.20-07-2022 3/3 2019, subject to the conditions as laid down under Section 437(3) of the Cr.P.C.

The petitioner is directed to file an affidavit before the Trial Court that he shall not involve in any criminal activities in future and if he shall involve in any criminal activity, his bail bonds shall be subjected to cancellation on the instance of prosecution or informant.

The petitioner is also directed to appear on each and every date before the Lower Court, in case of non-appearance for two consecutive dates, shall resulted into cancellation of his bail bonds.

Accordingly, the bail application stands allowed. (Dr. Anshuman, J) guddu/- U T