Ram Prasad Yadav @ Ram Prasad Gohiwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21975 of 2023 Arising Out of PS. Case No.-246 Year-2022 Thana- BIRPUR District- Supaul ====================================================== Ram Prasad Yadav @ Ram Prasad Gohiwar Son Of Late Kari Yadav R/O Village- Birpur, Ward No.13, P.S.- Birpur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagendra Upadhyay, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 20.08.2022 in connection with Birpur P.S. Case No. 246 of 2022, F.I.R. dated 28.07.2022 for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 354, 354(B)/34 of the Indian Penal Code.

According to prosecution case, the accused persons including the petitioner have assaulted the informant and his family members by means of farsa and dabia causing cut injuries to the informant and also misbehaved with the wife of

Patna High Court CR. MISC. No.21975 of 2023(2) dt.22-05-2023 2/3 the informant. It is further alleged that all this happens because of the previous dispute between the parties.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case due to admitted land dispute between the parties. He further submits that the petitioner is own Gotiya of the informant and the allegation as alleged in the F.I.R. is not supported by the medical evidence. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 20.08.2022.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1, Birpur, Supaul in connection with Birpur P.S. Case No. 246 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date

Patna High Court CR. MISC. No.21975 of 2023(2) dt.22-05-2023 3/3 fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T