Bharat Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29840 of 2022 Arising Out of PS. Case No.-13 Year-2021 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== BHARAT RAM S/o Late Mahesh Ram Resident of Village- Phulli, P.S.- Kudra, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 149, 341, 323, 504, 506 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was added.

Ten persons, who have been named in the F.I.R. including this petitioner, are said to have made the assault causing grievous injuries to one Ramlal Ram, who subsequently died. Other persons are also said to have received grievous injuries.

Patna High Court CR. MISC. No.29840 of 2022(2) dt.30-08-2022 2/3 Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. that there is general and omnibus allegation against the petitioner and there is specific allegation of assault is on co-accused persons namely Ram Lakhan, Pravin Ram and Ravi Ram. He further submits that co-accused hari Shankar Ram has been granted bail by a Coordinate Bench of this Court vide order dated 07.04.2022 in Cr. Misc. No. 63425 of 2021 and another co-accused persons namely Ram Awatar Ram and others have been granted bail by a Coordinate Bench of this Court vide order dated 11.05.2022 in Cr. Misc. No. 64917 of 2021. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 27.03.2022. Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, 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 Court below where the case is pending in connection with

Patna High Court CR. MISC. No.29840 of 2022(2) dt.30-08-2022 3/3 Kudra P.S. Case No. 13 of 2021, with the following conditions :-

(1) 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) 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 antecedents, 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) Ibrar//- U T