Ranbir Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38709 of 2023 Arising Out of PS. Case No.-601 Year-2015 Thana- LAKHISARAI District- Lakhisarai ====================================================== Ranbir Ram Son of Shiv Balak Ram @ Shiv Balak Dharhi Resident of Village- Nababganj, PS- Surajgarha, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 601 of 2015 registered for the offence under Sections 147/149/353/331 of the Indian Penal Code.

4. The accused/petitioner is not named in the F.I.R. and is in custody since 13.12.2022.

5. The allegation against the petitioner is to create a nuisance while raising demand to return the victim girl, who appeared before the Court of learned Chief Judicial Magistrate, Lakhisarai for recording her statement under Section 164 of the Cr.P.C. and also to deter police officials to discharge their

Patna High Court CR. MISC. No.38709 of 2023(2) dt.25-07-2023 2/3 official functions by scuffling and also by way of pelting stones on police party.

6. Learned counsel appearing on behalf of the petitioner submitted that petitioner was not named in F.I.R. and his name surfaced out of suspicion being co-villagers of the victim girl. It is further submitted that with similar nature of allegation co-accused, namely, Anil Ram has already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 62265 of 2022 vide order dated 07.04.2023. It is pointed out that the allegation is appearing very much general and omnibus against this petitioner. While concluding the argument, it has been submitted that petitioner found involved in three more criminal cases, where he is on bail and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

7. Learned APP opposes the prayer of bail.

8. Considering the facts and circumstances as mentioned above, and by taking note of allegation, which is appearing very much general and omnibus against this petitioner coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 13.12.2022, accordingly,

Patna High Court CR. MISC. No.38709 of 2023(2) dt.25-07-2023 3/3 above named petitioner is directed to be released on bail in connection with Lakhisarai P.S. Case No. 601 of 2015 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Lakhisarai/concerned court, subject to the conditions as mentioned under Section 437

(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T