Jairam Rabidas @ Jairam Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27688 of 2019 Arising Out of PS. Case No.-247 Year-2015 Thana- HILSA District- Nalanda ====================================================== JAIRAM RABIDAS @ JAIRAM RAVIDAS S/O Ballam Ravidas @ Valam Mochi Resident of Village- Kajeechak, P.S.- Hilsa, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with S.Tr. No. 383/15-541/16 arising out of Hilsa P.S. Case No. 247 of 2015 registered for the offence punishable under Sections 302/34 of the Indian Penal Code. Petitioner had earlier moved this Court for regular bail vide Criminal Miscellaneous No. 78064 of 2018 which was rejected on 13.02.2019.

Informant has alleged that while his elder son was sleeping on a cot outside the house, five persons including petitioner came there and abused his son and dragged him to the house of petitioner and all of them strangulated his son and petitioner's wife Sakaratiya Devi who was having love affair

Patna High Court CR. MISC. No.27688 of 2019(2) dt.01-05-2019 2/3 with the informant's son and torched the house. It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case due to land dispute. There is general and omnibus allegation against petitioner. Similarly placed co-accused, namely Ramchandra Ravidas and Ballam Paswan have been granted bail by this Hon'ble Court as contained in Annexure-4 and 5. Petitioner has no criminal antecedent and he is in custody since 04.06.2015.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Addl. District & Sessions Judge, Hilsa, Nalanda, in connection with S.Tr. No. 383/15-541/16 arising out of Hilsa P.S. Case No. 247 of 2015 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or

Patna High Court CR. MISC. No.27688 of 2019(2) dt.01-05-2019 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T