Hare Ram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46666 of 2021 Arising Out of PS. Case No.-75 Year-2017 Thana- GOPALPUR District- Patna ====================================================== Hare Ram Singh S/O Late Jaipal Singh, R/o village- Udaini, P.S.- Gopalpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ugranath Mallik, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Gopalpur P.S. Case No. 75 of 2017 registered for the offence under Sections 147, 148, 149, 307 of the Indian Penal Code and Section 27 of the Arms Act.

According to the prosecution case, due to previous enmity petitioner along with other co-accused shot the informant in his leg while he was going to see barat and fled away.

Learned counsel appearing for the petitioners submits that the petitioner has clean antecedent. He has falsely been implicated in the present case only on the basis of suspicion. He further submits that from perusal of the FIR, it appears that the

Patna High Court CR. MISC. No.46666 of 2021(3) dt.22-03-2022 2/3 occurrence took place on 9.5.2017, statement given on 11.05.2017 before the S.H.O. in hospital but FIR lodged on 26.05.2017. He further submits that there is general and omnibus allegation against all the accused persons. He further submits that injury report reveals that the injury is simple in nature and police after investigation submitted charge-sheet against the petitioner. The petitioner is in custody since 16.03.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-IX, Patna in connection with Gopalpur P.S. Case No. 75 of 2017 with the following 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 bonds shall be cancelled by the Court below.

Patna High Court CR. MISC. No.46666 of 2021(3) dt.22-03-2022 3/3

(2) If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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 antecedents, 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) khushbu/- U T