Parikshan Ram @ Paritaran Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21537 of 2023 Arising Out of PS. Case No.-263 Year-2022 Thana- BAJPATTI District- Sitamarhi ====================================================== PARIKSHAN RAM @ PARITARAN RAM SON OF MAHENDRA RAM RESIDENT OF VILLAGE RATANPURA, WARD NO.6, P.S. - BAJPATTI, DISTRICT - SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha, Adv.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Bajpatti P.S. Case No. 263 of 2022 registered for the offence under Sections 302/34 of the Indian Penal Code. The petitioner along with other are alleged to have assaulted the son of the informant due to which he died during course of treatment.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that initially the petitioner has not been

Patna High Court CR. MISC. No.21537 of 2023(3) dt.13-07-2023 2/3 named in the F.I.R. but his name transpired in this case in the restatement of the informant and it appears from the restatement of the informant that there is general and omnibus allegation against the petitioner and no specific allegation of assault or any overt act is attributed to him. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 04.09.2022. Learned counsel for the informant as well as learned A.P.P. for the State opposed the prayer for bail of the petitioner and submits that the trial has begun and three prosecution witnesses have been examined.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned S.D.J.M., Pupri at Sitamarhi in connection with Bajpatti P.S. Case No. 263 of 2022 with 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 shall remain physically present as directed by the

Patna High Court CR. MISC. No.21537 of 2023(3) dt.13-07-2023 3/3 Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled 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.

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) brajesh/- U T