Ajant Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41215 of 2022 Arising Out of PS. Case No.-2008 Year-2018 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.
Ajant Ram Son Of Bindi Ram R/O Village - Choti Guddi, Badpur, P.S.- Kajraili, District- Bhagalpur 2.
Bindi Ram Son Of Late Sardari Ram R/O Village - Choti Guddi, Badpur, P.S.- Kajraili, District- Bhagalpur 3.
Arun Ram Son Of Late Sardari Ram R/O Village - Choti Guddi, Badpur, P.S.- Kajraili, District- Bhagalpur 4.
Champa Devi Wife Of Ajant Ram R/O Village - Choti Guddi, Badpur, P.S.- Kajraili, District- Bhagalpur 5.
Vandana Devi Wife Of Bindi Ram R/O Village - Choti Guddi, Badpur, P.S.- Kajraili, District- Bhagalpur 6.
Sajni Kumar D/O Bindi Ram R/O Village - Choti Guddi, Badpur, P.S.- Kajraili, District- Bhagalpur 7.
Chameli Devi W/O Bindi Ram R/O Village - Choti Guddi, Badpur, P.S.- Kajraili, District- Bhagalpur 8.
Sunita Devi W/O Arun Ram R/O Village - Choti Guddi, Badpur, P.S.- Kajraili, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-11-2022 Learned counsel for the petitioners is permitted to remove the defects, as pointed out by the office, if any, within a period of four weeks from today.
Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case
2/4 registered for the offences punishable under Sections 384, 323, 379 of the Indian Penal Code.
Allegation against the petitioners is that the petitioners demanded a ransom of Rs. 50,000/- from the complainant and on refusal the accused petitioners threatened him with dire consequences. Further allegation is that the petitioner namely Ajant Ram having armed with pistol and put the pistol on the chest of complainant and started abusing him. Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case. He further submits that the present case is counter blast of Kajraili P.S. Case No. 112 of 2018 filed by the petitioner no. 5 against the informant and his family members only to harass the petitioners. He further submits that it appears from the F.I.R. that there is general and omnibus allegation against these petitioners and there is no specific allegation of any assault or overt act against the petitioners and the only allegation in the complaint petition that the petitioners demanded Rs. 50,000/- as rangdari from the complainant. .
Learned APP for the State has opposed the prayer for bail of the petitioners.
3/4 Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Complaint Case No. 2008 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-
(1) Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their
4/4 criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. 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) Ibrar//- U T