Patna High CourtCR. MISC./27741/2024bail granted

Mukesh Ram v. The State Of Bihar

2024-04-18Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27741 of 2024 Arising Out of PS. Case No.-503 Year-2023 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Mukesh Ram S/o- Raj Kumar Ram Village- Mahu ar Ps- Ramgarh DistKaimur Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Mishra For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ramgarh P.S. Case No. 503 of 2023 instituted for the offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of brutally assaulting the father of the informant leading to his death.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. There

Patna High Court CR. MISC. No.27741 of 2024(2) dt.18-04-2024 2/3 is general and omnibus allegation against the petitioner and no specific overt act against him. Charge-sheet has been submitted in this case. Being a co-villager and as a ward member of said Panchayat, this petitioner prefer to became panch of the quarrel and matter settled down. The petitioner is in custody since 28.12.2023 and has no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that the postmortem report shows the evidence of assault as deceased's both hand fractured, trachea fractured, Bony cage of chest fractured.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ramgarh P.S. Case No. 503 of 2023, Subject to following conditions: (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.27741 of 2024(2) dt.18-04-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Arish/- U T