Ram Sogarath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS NO. 19499 of 2020 ===================================================== Ram Sogarath Prasad, Son of late Ram Brich Bhagat, resident of villageBahuara Bhan, P.S.- Madhuban, District, East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Respondent/s :

Mr. Choubey Jawahar, APP ===================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 2/ 21-07-2020 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner seeks regular bail in a case registered for the offence punishable under sections 341, 323, 324, 325, 307, 354B, 379, 448/34 of the Indian Penal Code.

Earlier the bail of the petitioner was rejected vide order dated 27.09.2019 passed in Criminal Miscellaneous No. 40788 of 2019, as contained in Annexure 1 with liberty to the petitioner to renew his prayer for bail after completing one year in jail custody.

Informant has alleged that on 28.2.2019 at about 6.30 a.m., when she was sweeping near her door, suddenly FIR named accused who are her neighbours variously armed came and started abusing her. Allegation against Ram Sogarath Prasad (petitioner) is of causing head injury. There is further allegation against the family members of accused of assaulting family members of informant. It is submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case due to animosity. There is case and counter case with respect to same incident. Petitioner is in custody since 5.4.2019 having no criminal antecedent. Learned counsel for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount in connection with Madhuban P.S. Case No.30 of 2019, G.R. Case No.1296 of 2019 to the satisfaction of learned court below where the case is pending, subject to the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason, the trial court shall have liberty to cancel his bail bonds.

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

(3) If the petitioner is found involved in similar nature of offence, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Sanjay/- U T