Kamlesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31511 of 2024 Arising Out of PS. Case No.-121 Year-2023 Thana- ARIYARI District- Sheikhpura ====================================================== KAMLESH RAM SON OF KRISHN NANDAN RAM @ KRISHANANDAN RAM RESIDENT OF VILLAGE - KEMRA, P.S. - ARIYARI, DISTRICT - SHEIKHPURA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash, Advocate For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-06-2024 Heard the parties.
2. The petitioner is in Judicial custody in connection with Ariyari P.S. Case No. 121 of 2023, instituted under Sections 147, 148, 149, 448, 341, 342, 504, 506, 307 and 302 of I.P.C. and 27 of the Arms Act lodged on 30.04.2023 by the informant, Rukmini Devi.
3. As per the prosecution story, while the son of the informant was returning home after attending the call of nature, accused persons caught hold of him and allegation is that Ashok Ram open fired which hit his chest and he died. The further allegation is against Goswami Ram who fired upon Arun Ram, who also got injured. They were rushed to the Hospital where son of the informant succumbed to injuries. Accordingly the
Patna High Court CR. MISC. No.31511 of 2024(2) dt.21-06-2024 2/3 F.I.R.
4. It is the case of the petitioner that though as per the F.IR., the role of present petitioner has been attributed to have caught the waist of the deceased, the specific allegation of opening fire is against Ashok Ram and the further allegation of firing is on Goswami Ram. He is in custody since 16.02.2024 (para-11 of the petition).
5. Learned APP opposes the prayer for bail stating therein that he was part and parcel of the crime and caught the left hand of the deceased.
6. Considering the submission put forward by learned counsel for the petitioner and the fact that the specific allegation is against Ashok Ram which proved fatal, the petitioner do not have criminal antecedent and he is in custody since 16.2.2024 and charge-sheet submitted, this Court is inclined to grant him privilege of bail
7. Let the petitioner be released on bail 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.-Ist, Sheikhpura, in connection with Ariyari P.S. Case No. 121 of 2023, subject to following conditions :
Patna High Court CR. MISC. No.31511 of 2024(2) dt.21-06-2024 3/3 (i) one of the bailor should be the family member/relative of the petitioner who shall provide official 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 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 the bail bonds. (Rajiv Roy, J) Ravi/- U T