Pradeep Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34041 of 2024 Arising Out of PS. Case No.-64 Year-2020 Thana- DARAUNDA District- Siwan ====================================================== 1.
Pradeep Ram Son of Ashesar Ram Resident of Village- Karsaut, P.S. Daraunda, District- Siwan 2.
Dhup Nath Ram Son of Ram Nath Ram Resident of Village- Karsaut, P.S. Daraunda, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Ajay Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-07-2024
1. Heard learned counsel for the petitioners and learned APP for the State.
2. Petitioners seek regular bail in connection with Daraunda P.S. Case No. 64 of 2020 dated 11.03.2020, registered for the offence punishable under Sections 302, 120B read with Section 34 of the Indian Penal Code.
3. Mr. Ajay Kumar Pandey, learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to previous enmity which is evident as a year ago, Daraunda P.S. Case No. 234 of 2019 was lodged by the petitioner no. 2 against the family
Patna High Court CR. MISC. No.34041 of 2024(2) dt.08-07-2024 2/3 members of the informant, though the petitioners are named in the FIR but there is general and omnibus allegation against them and the place of occurrence is near Kali Asthan (Temple) and the day of occurrence was Holi (Festival) and on that day, villagers assembled there but even then, no one claimed to have seen the occurrence. Learned counsel for the petitioners further submits that similarly situated co-accused persons, namely, Kailash Ram and Sravajeet Ram @ Sarwajeet Ram have been granted bail by co-ordinate bench and by this court vide orders dated 20.04.2022 and 23.06.2022 passed in Cr. Misc. Nos. 20055/2022 and 7716/2022 respectively and the petitioners have been languishing in jail since 24.01.2023.
4. Learned APP appearing for the State has opposed the bail prayer of the petitioners.
5. Considering the above submissions and mainly the fact that the allegation against the petitioners is general and omnibus and also, similarly situated co-accused persons are on bail, in my opinion, the petitioners deserve to a lenient approach of this Court. Accordingly, let the petitioners named-above be released on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with
Patna High Court CR. MISC. No.34041 of 2024(2) dt.08-07-2024 3/3 Daraunda P.S. Case No. 64 of 2020.
(Shailendra Singh, J) Rajiv/- U T