Sigasan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46859 of 2021 Arising Out of PS. Case No.-76 Year-2021 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== 1.

SIGASAN RAM S/o LATE SOMARU RAM R/o VILLAGE-KHUDARA, P.S.-NUAON, DISTRICT-KAIMUR (BHABUA).

2.

VINOD RAM S/o LATE HARIDWAR RAM R/o VILLAGE-KHUDARA, P.S.-NUAON, DISTRICT-KAIMUR (BHABUA).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-04-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently. As per the prosecution case, the five named accused persons including the two petitioners herein as also Dinesh Ram are said to have assaulted the husband of the informant leading to his death 11 days later in course of treatment. It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. The allegations against the petitioners are general and omnibus in

Patna High Court CR. MISC. No.46859 of 2021(3) dt.11-04-2022 2/2 nature. Referring to the order dated 29.3.2022 passed in Cr. Misc. no. 43375 of 2021 granting bail to the similarly situated co-accused Dinesh Ram it is submitted that the husband of the informant (since deceased) in his statement under section 161 Cr.P.C categorically stated that it was Vidyadhar Ram who assaulted him with a farsa. Petitioners are in custody since 29.3.2021 and charge sheet has been submitted in the case. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioners having remained in custody for 1 year, charge sheet having been submitted, statement of the injured (since deceased) under section 161 Cr.P.C together with grant of bail to similarly situated co-accused Dinesh Ram, the Court directs the above two petitioners to be enlarged on bail in connection with Ramgarh (Nuaon) P.S. Case no. 76 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Kaimur (Bhabua).

(Partha Sarthy, J) Prakash/- U