Patna High CourtCR. MISC./38774/2023bail granted

Ramesh Kumar Singh @ Ramesh Singh v. The State Of Bihar

2023-09-01Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38774 of 2023 Arising Out of PS. Case No.-568 Year-2020 Thana- JAMUI District- Jamui ====================================================== RAMESH KUMAR SINGH @ RAMESH SINGH S/O RAMANAND SINGH @ RAMNANDAN SINGH R/O- Kakar, P.S- Jamui, Distt.- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Session Trial No. 201 of 2022 arising out of Jamui P.S. Case No. 568 of 2022 dated 20.02.2020 registered for the offences punishable u/ss 147, 148, 149, 323, 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, all the FIR named accused persons including this petitioner armed with pistols came at the tea shop of the father of the informant and made indiscriminate firing on the informant's father. As a result of which the informant's father died.

Patna High Court CR. MISC. No.38774 of 2023(3) dt.01-09-2023 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. Charge has already been framed on 01.09.2022. No witness has been examined as per the Letter No. 89. The petitioner is accused in four other criminal cases as stated in para 3 of the bail petition out of which three criminal cases are related to offences of murder. The petitioner is in custody since 02.07.2021, i.e. for more than two years.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jamui in connection with Session Trial No. 201 of 2022 arising out of Jamui P.S. Case No. 568 of 2022 with the condition:- (i) The petitioner is directed to remain

Patna High Court CR. MISC. No.38774 of 2023(3) dt.01-09-2023 3/3 physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

(ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will have liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T