Patna High CourtCR. MISC./40262/2023bail granted

Awadhesh Ram@ Gabbar Ram v. The State Of Bihar

2023-07-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40262 of 2023 Arising Out of PS. Case No.-253 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== Awadhesh Ram@ Gabbar Ram S/O Late Laxmi Ram R/O VillageParmanandpur, Ward No. 11, P.S- Murliganj, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Murliganj P.S. Case No. 253 of 2022 dated 30.05.2022 registered for the offences u/ss 147, 341, 307, 302, 120B, 504, 506 of the Indian Penal Code and 27 of the Arms Act.

4. As per the prosecution case, the petitioner and coaccused persons along with some unknown miscreants armed with deadly weapons are alleged to have come at the door of the

Patna High Court CR. MISC. No.40262 of 2023(2) dt.24-07-2023 2/3 informant and took the informant's son forcibly on the road near the house of one Sudho Yadav and on the exhortation of the coaccused Krishnakant Yadav, all the co-accused persons started firing on the informant's son due to that he succumbed to the injury on the spot.

5. Learned counsel for the petitioner has submitted that the petitioners is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. There is no specific allegation of firing against the petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 17.01.2023 passed in Cr. Misc. No. 63773 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.03.2023.

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

7. 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, Madhepura in connection with Murliganj P.S. Case

Patna High Court CR. MISC. No.40262 of 2023(2) dt.24-07-2023 3/3 No. 253 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T