Vijay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26003 of 2018 Arising Out of PS. Case No.-119 Year-2017 Thana- PIPRAHI District- Sheohar ====================================================== Vijay Ram S/o Kapal Ram, R/o Vill.- Shankarpur Bindhi, P.S.- Piprahi, District- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv, Mr. Ashok Kumar Jha, Adv and Ms. Preety Kunwar, Adv For State :

Mr. Sanjay Kumar Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Piprahi P.S. Case No. 119 of 2017 registered for the offence punishable under Sections 307,120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant in his fardbeyan has stated that on 21.08.2017 at about 7:30 am when he was in his Spare Parts and Servicing Centre Shop, in the meanwhile one motorcycle came and the pillion rider Vijay Ram took out pistol from his waist and fired upon him and when he tried to flee away, he fired second shot on him which hit left side on his back and thereafter Bir Bahadur Mahato who was riding the motorcycle took out arms and fired upon him which hit his back and bullet is still in

Patna High Court Cr.Misc. No.26003 of 2018(5) dt.16-08-2018 2/3 his body. It has been further alleged by the informant that his wife Anuradha Singh eloped with said Bir Bahadur Mahato and in order to grab her property a conspiracy was hatched to eliminate him.

It has been submitted on behalf of the petitioner that according to injury report only one bullet injury has been found on the back of the informant and bullet is still in the back which is attributable to Bir Bahadur Singh. It has been further submitted that petitioner is in custody since 22.08.2017 and chargesheet has already been submitted in this case. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar, in connection with Piprahi P.S. Case No. 119 of 2017, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates

Patna High Court Cr.Misc. No.26003 of 2018(5) dt.16-08-2018 3/3 without proper and sufficient reason, trial court shall be at liberty to cancel his bail bond.

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

(S. Kumar, J) ranjan/- U