Duggi Ram @ Satandhari Ram @ Satandeo Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30489 of 2023 Arising Out of PS. Case No.-62 Year-2020 Thana- PAHARPUR District- East Champaran ====================================================== DUGGI RAM @ SATANDHARI RAM @ SATANDEO RAM Son of Sakaldhari Ram R/V- Kamalpipra, PS- Paharpur Dist- East champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar, Advocate For the Opposite Party/s :
Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-08-2023 Heard the parties.
The petitioner is in judicial custody in connection with Paharpur P.S. Case No. 62 of 2020 for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 379, 302, 504 of the Indian Penal Code lodged on 21.2.2020 by the informant, Arun Ram.
As per the prosecution story, the allegation is that the accused persons were destroying the hut of the informant and upon protest, they assaulted the father of the informant. Specific allegation is against Ranjit Ram of giving 'Farsa' blow while Ramayan Ram gave 'Garasi' blow. So far as this petitioner is concerned, the allegation is that he tried to throttle the neck of the father of the informant. Subsequently, while taking to hospital, the father of the informed succumbed to the injuries. Accordingly, the FIR. It is the case of the petitioner that specific allegation is
Patna High Court CR. MISC. No.30489 of 2023(4) dt.21-08-2023 2/3 against Ranjit Ram and Ramayan Ram, so far as this petitioner is concerned, there is allegation of pressing his neck that is not the cause of the death as he was alive on way to the hospital. It is his further case that Ramayan Ram has subsequently been granted bail by a coordinate bench of this Court vide Cr. Misc. No. 9201 of 2021.
Learned APP opposes the prayer stating that he was part and parcel of the assault group which caused the death of the informant's father.
Taking into account the fact that specific allegation is against Ranjit Ram and Ramayan Ram, the petitioner has remained in custody since 28.112.2022 (para-12 of the petition) and one of the co-accused has since been granted bail, as stated above, this Court is inclined to extend him the privilege of bail with conditions.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, East Champaran at Motihari, in connection with Paharpur P.S. Case No. 62 of 2020 subject to the following conditions:
(i) one of the bailor should be the family member of
Patna High Court CR. MISC. No.30489 of 2023(4) dt.21-08-2023 3/3 the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T