Sunil Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25332 of 2020 Arising Out of PS. Case No.-19 Year-2020 Thana- KARAMCHAT District- Kaimur (Bhabua) ====================================================== SUNIL RAM, age about 28 years, Male, S/o Baiju Ram, R/o Village- Lohra, P.S.- Chenari, District- Rohtas at Sasaram.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Tribhuwan Narayan, Advocate.

For the Opposite Party :

Mr. Prem Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 307/34 of the I.P.C. and 27 of the Arms Act.

The prosecution story, in brief, is that on 23.04.2020 Sunil Ram (petitioner), Shri Niwas Ram, Sonu Kumar and

Patna High Court CR. MISC. No.25332 of 2020(3) dt.23-11-2020 2/3 Kuldeep Mushar took the brother of the informant, namely, Krishna Kumar, in the forest for hunting thereafter due to previous enmity, they fired upon Krishna Kumar, as a result of which, he sustained injury.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 25.04.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that the petitioner alongwith others gone for hunting in the forest and due to accidental firing the victim had sustained injury. The initial injury report did not indicate nature of injury and opinion was reserved. The case diary was called for. Final opinion of the doctor is not on the record to show whether the injury is simple or grievous. Hence, it cannot be ascertained whether it is an offence under Sections 324 or 307 of the I.P.C. The petitioner has remained in custody for more than six months.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the facts and circumstances of the case,

Patna High Court CR. MISC. No.25332 of 2020(3) dt.23-11-2020 3/3 the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Karamchat P.S. Case No. 19 of 2020, G.R. No. 712/2020. (Sudhir Singh, J) U.K./- U T