Ram Bharos Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6655 of 2016 Arising Out of PS.Case No. -120 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Ram Bharos Singh Son of Late Ram Balak Singh, Resident of Village - Ratanpur, P.S. - Begusarai Town, District - Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Pushpa Sinha-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-04-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 120 of 2015 registered for the offences punishable under Sections 399, 402, 307 of the Indian Penal Code and Section 25(1-b)A, 26, 27 and 35 of the Arms Act.

Allegedly, when the petitioner and other coaccused were making preparation to commit crime, the informant and other police personnel surrounded them and then the petitioner opened fire upon the police but luckily, did not hit and however, they were apprehended and from possession of the petitioner one country made Katta having 8 M.M. empty

Patna High Court Cr.Misc. No.6655 of 2016 (3) dt.08-04-2016 2/3 cartridge and further one live cartridge were recovered. Submission is of false implication and that the petitioner has been made victim of the circumstances, in this case other co-accused who were apprehended with the petitioner have already been allowed bail by different coordinate Bench of this Court and the petitioner is suffering in custody since 07.03.2015. The petitioner has been made victim of the police atrocity and in several cases he has been made accused but in most of the cases he has already been acquitted and in some of the cases he is on bail.

Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, considering the detention of the petitioner, now, he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Begusarai in connection with Begusarai Town P.S. Case No. 120 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part

Patna High Court Cr.Misc. No.6655 of 2016 (3) dt.08-04-2016 3/3 without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) ajaypd./- U T