Sanjay Ram @ Bhunda @Sanjay Ram @ Munda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46537 of 2018 Arising Out of PS.Case No. -127 Year- 2018 Thana -DAUDNAGAR District- AURANGABAD ======================================================
1. SANJAY RAM @ BHUNDA @SANJAY RAM @ MUNDA S/o Chandradeo Ram, R/o Vill.- Pachkathawan Ravidas Basti (Chamar Toli) Ward No. 21, P.S.- Daudnagar, District- Aurangabad (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-09-2018 Heard the parties.
The petitioner seeks regular bail in connection with Daudnagar P.S.Case no.127 of 2018 dated 19.4.2018 registered for offences punishable under Sections 147, 148, 149, 323, 302, 448, 504 of the Indian Penal Code.
Allegation against the petitioner as per FIR is that the dispute took place due to playing D.J. and when it was stopped the accused persons started assaulting the informant and others and there is specific allegation against Arjun Ram of assaulting by Tar Ke Damkaua and the petitioner fired on Gita Devi causing injury and due to that she succumbed to the injury.
Submission of the learned counsel for the petitioner is that the post mortem report does not show any fire arm injury rather
Patna High Court Cr.Misc. No.46537 of 2018 (3) dt.17-09-2018 2/2 the injury caused by the sharp cutting weapon. The petitioner is in custody for about five months.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of CJM, Aurangabad in connection with Daudnagar P.S.Case No.127 of 2018.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T