Daroga Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26871 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Daroga Ram Son of Late Ramdular Ram R/o Village- Dumarkon, P.S.- Chainpur, District- Kaimur At Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Adv.

For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-09-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Chainpur P.S. Case No. 11 of 2022 lodged under Sections 302/34 of the I.P.C.

As per the information made in the F.I.R., upon receiving information of assault, the informant reached there and found his father dead. Thereafter, the present F.I.R. has been lodged against the 2 named accused persons including the petitioner.

Learned counsel for the petitioner submits that the informant is not the eye witness. He further submits that the

Patna High Court CR. MISC. No.26871 of 2022(2) dt.12-09-2022 2/3 dispute for land was going on between the brothers that is the informant's father and Kamla Singh. He further submits that the name of the present petitioner has figured in this case only and only due to the reason that he is 'Karinda' of Kamla Singh. He further submits that the petitioner is in custody since 20.01.2022, charge sheet has already been filed in this case and the petitioner has clean antecedent. He further submits that from the F.I.R. itself it is clear that there is no eye witness of this event.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Court of A.C.J.M.-II, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 11 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates

Patna High Court CR. MISC. No.26871 of 2022(2) dt.12-09-2022 3/3 without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) sadique/- U T