Ajit Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42824 of 2021 Arising Out of PS. Case No.-765 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== AJIT RAM Son of Laxman Ram Resident of Village- Barahuli, P.S.- Sonhan, District- Kaimur at Bhabua.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Pandey For the Opposite Party/s :
Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-02-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Bhabhua (Sonhan) Police Station Case No. 765 of 2020, registered for the offences punishable under Sections 147/148/ 149/323/324/307/302/504 of the Indian Penal Code. The prosecution case, as per the First Information Report, is that seven accused persons named in the First Information Report, including the petitioner, having armed with lathi, danda, garasa etc., assaulted the informant, his uncle and other family members, as a result of which the uncle of the informant died during the course of treatment. Learned Counsel for the petitioner submits that there is general and omnibus allegation against all the accused
Patna High Court CR. MISC. No.42824 of 2021(2) dt.02-02-2022 2/3 persons. He further submits that the scuffle between the parties had taken place on the point of grazing of goat in the field of the informant. He further submits that there is case and counter case between the parties inasmuch as for the occurrence which has taken place on the same date and time, co-accused Sant Ram has lodged Bhabhua (Sonhan) Police Station Case No. 766 of 2020. He further submits that co-accused persons, namely, Sant Ram and Sanjay Ram, have been granted bail by co-ordinate Bench of this Court, vide orders passed in Criminal Misc. Nos. 19147 and 31656 of 2021. He further submits that co-accused persons, namely, Laxman Ram and Anit Ram have been granted bail by this Court, vide order passed in Criminal Misc. No. 39408 of 2021. He further submits that the petitioner is in custody since 11.06.2021 and charge sheet has been submitted against him and as such, there is no likelihood that the petitioners will abscond and/or tamper with the evidence.
Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that similarly situated co-accused persons have been granted bail by this Court, charge sheet has already been submitted and the petitioner is in custody since 11.06.2021, I am inclined to grant regular bail to the
Patna High Court CR. MISC. No.42824 of 2021(2) dt.02-02-2022 3/3 petitioner.
This application is, accordingly, allowed.
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 Chief Judicial Magistrate, Kaimur, at Bhabhua, in connection with Bhabhua (Sonhan) Police Station Case No. 765 of 2020. This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √