Ayodhya Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36345 of 2020 Arising Out of PS. Case No.-150 Year-2019 Thana- AKHODHIGOLA District- Rohtas ====================================================== Ayodhya Ram Son of Late Brijnandan Ram Resident of Village- Kaithi, P.S.- Akorhigola, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sada Nand Roy, Advocate For the State :
Mr. Satyendra Prasad APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.
Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.
The petitioner seeks bail in Akorhigola PS Case No.150 of 2019 instituted for the offence under Sections 307 and 324 of the Indian Penal Code and Section 27 of the Arms Act. In the night the informant has heard some noise and his son, who was outside and victim himself, has sustained a gunshot injury allegedly fired by the petitioner. The occurrence is of 01.07.2019. As per petitioner's counsel, there is a delay in lodging of the First Information report as 'Fardbeyan' has been registered on 04.07.2019. The injuries have been found to be simple in nature and Annexure-2 is a First Information report lodged by some other villagers lending credence to the petitioner's defence that the firing was,
Patna High Court CR. MISC. No.36345 of 2020(3) dt.17-02-2021 2/2 in the circumstance, where thieves were trying to steal some cattle, and if at all, a stray bullet may have hit the informant's son. Having no criminal antecedents the petitioner is in custody since 04.02.2020.
The learned APP for the State has opposed the prayer for bail.
Considering the rival submissions, 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 the learned Judicial Magistrate Ist Class, Dehri, Dist. Rohtas, in connection with Akorhigola PS Case No. 150 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U T