Birendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34809 of 2023 Arising Out of PS. Case No.-221 Year-2022 Thana- SISWAN District- Siwan ====================================================== BIRENDRA RAM SON OF LATE SHIVPUJAN RAM RESIDENT OF VILLAGE- GYASPUR, PS- SISWAN, DISTT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-08-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 29.09.2022 seeks bail, in connection with Siswan P.S. Case No.221/2022, dated 07.09.2022, for the offences punishable under Sections 302, 307, 120B/34 of the IPC & Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. According to prosecution case, the petitioner along with other co-accused persons have fired upon the police officials due to which one police personnel sustained gun shot injury and died.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.34809 of 2023(3) dt.04-08-2023 2/3 petitioner has not committed any offence as alleged in the F.I.R. He further submits that the name of the petitioner has been transpired during investigation on the basis of disclosure made by local chowkidar and there is no specific allegation of any assault or overt act attributed against the petitioner. He further submits that it has come during investigation that co-accused namely Md. Aftab Alam has fired upon the victim and similarly situated co-accused, namely, Abhay Yadav has been granted bail by a co-ordinate Bench of this Court vide order dated 20.07.2023 passed in Cr. Misc. No. 12507/2023. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 29.09.2022.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, 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 A.D.J.-II, Siwan in connection with S. Tr. No.97/2023, arising out of Siswan P.S. Case No. 221/2022, subject to the following

Patna High Court CR. MISC. No.34809 of 2023(3) dt.04-08-2023 3/3 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 witnesses, 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 antecedent, 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) amit/- U T