Ram Bharosh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27979 of 2022 Arising Out of PS. Case No.-191 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Ram Bharosh Singh Son Of Ram Balak Singh Resident Of Village- Ratanpur, P.S.- Town (RATANPUR O.P.), District- Begusarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar, Advocate For the Opposite Party/s :
Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Sessions Trial No. 298A/2020 arising out of Begusarai Town P.S. Case No. 191 of 2020 for the offences under Sections 353, 307 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
As per the allegation in the FIR, the informant has alleged that upon knowledge that during the opening of the tender two people were quarreling with each other went there and when the home guard 'jawan' tried to get them dispersed, it is alleged that accused persons opened fire hitting one of the
Patna High Court CR. MISC. No.27979 of 2022(2) dt.24-08-2022 2/3 'jawan'. All the accused persons thereafter fled away from the place of occurrence and the police recovered empty cartridges as also live cartridges from that place. Accordingly, the name of the petitioner has been cropped up and he is in custody since 12.07.2021.
Learned counsel for the petitioner submits that only because he has almost two dozen criminal cases under his belt, every now and then police implicate him and in the process in this case, he has been taken into judicial custody and is in jail since 12.07.2021 (as stated in paragraph-22 of the bail application).
Taking into account the fact that he is in custody since 12.07.2021, charge sheet stands submitted, this Court is inclined to grant him the privilege of bail after framing of charge. Let the petitioner be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-I, Begusarai in connection with Sessions Trial No. 298A/2020 arising out of Begusarai Town P.S. Case No. 191 of 2020, subject to the following conditions.
(i) one of the bailor should be the family member of
Patna High Court CR. MISC. No.27979 of 2022(2) dt.24-08-2022 3/3 the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for any date without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every month till the conclusion of the trial to mark his presence;
(iv) 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) Jagdish/- U T