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Patna High CourtCR. MISC./29592/2023bail granted

Ramdev Ram v. The State Of Bihar

2023-07-03Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29592 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== RAMDEV RAM Son of Late Narayan Ram @ NARAYAN R/O -Ahiruli, PSMirganj. Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepankar Raj, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2023 Heard learned counsel appearing on behalf of the parties.

The petitioner seeks bail in connection with Mirganj P.S. Case No. 28 of 2023 registered for the offence under Sections 341, 323, 307, 302, 447 and 504/34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 03.02.2023.

The allegation against the petitioner is to commit murder of father of the informant, along with other named coaccused persons, by causing assault with iron rod, lathi, etc., where, occurrence is arises out of neighbourhood disputes and differences.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.29592 of 2023(3) dt.03-07-2023 2/3 submitted that petitioner implicated with present case, only being members of named co-accused persons, against whom the thrust of allegations are available. It is submitted that allegation against this petitioner is appearing very much general and omnibus as regard to assault, which was alleged to be made by using fist and fight. It is submitted that fatal head injury caused by co-accused Suresh Ram and his son Krishna Ram and same found corroborated with postmortem of the deceased. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation against this petitioner is appearing very much general and omnibus, whereas, allegation to cause fatal head injury is available against other co-accused persons, namely, Suresh Ram and Krishna Kumar coupled with the fact that charge-sheet has already submitted, where, petitioner is in custody since 03.02.2023, let the petitioner, above named, is directed to be released on bail in connection with Mirganj P.S.

Patna High Court CR. MISC. No.29592 of 2023(3) dt.03-07-2023 3/3 Case No. 28 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XV-cum-Sub-JudgeXV, Gopalganj/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T