Patna High CourtCR. MISC./33398/2025bail granted

Ramji Sah v. The State Of Bihar

2025-05-16Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33398 of 2025 Arising Out of PS. Case No.-364 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Ramji Sah S/o Bhag Chandra Sah @ Bhagchandra Sah R/o VillageDhanhara, Ward No. 1, P.s.- Runnisaidpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-05-2025 Heard Mr.Shankar Kumar, learned counsel for the petitioner and Mr.Satyendra Narayan Singh, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 07.04.2025 in connection with S.Tr.No.405/23 arising out of Runnisaidpur P.S. Case No. 364 of 2020, F.I.R. dated 05.08.2020 registered for the offence punishable under Sections 147,448,447,323,325,341,307,302,504 of IPC.

3. As per allegation, co-accused Sunil Kumar along with 15-20 persons came to the darvaza of the informant. They made the allegation against the informant that the informant was the person, who informed the police about the complicity of accused persons in business of illicit liquor. Thereafter, the FIR named accused persons including the petitioners badly assaulted

2/4 the informant and his elder brother Jai Narayan Sah. Jai Narayan Sah died during the course of treatment.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. Although the petitioner is named in the FIR but from a bare perusal of the FIR it appears that there is no specific allegation of any assault or overt-act attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner and co-accused persons, namely, Harishchandra Sah @ Harichandra Sah, Govind Sah @ Govind Kumar have been granted regular bail by a Coordinate Bench of this Hon'ble Court vide order dated 05.08.2021 passed in Cr. Misc. No.

6414 of 2021, co-accused person, namely, Lal Bau Sah and Raju Sah @ Raju Kuamr have been granted bail by a Coordinate Bench of this Hon'ble Court vide order dated 13.07.2021 passed in Cr. Misc. No.20384 of 2021 and similarly situated co-accused persons have been granted regular bail or anticipatory bail by a Coordinate Bench of this Hon'ble Court as well as by this Court.

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5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts, petitioner has clean antecedent, there is no specific allegation of any assault or overt-act attributed against the petitioner and similarly situated co-accused persons have been granted regular bail or anticipatory bail by a Coordinate Bench of this Hon'ble Court as well as by this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Sitamarhi in connection with S.Tr.No.405/23 arising out of Runnisaidpur P.S. Case No.

364 of 2020, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

4/4 (III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T