Ramesh Prasad Gupta @ Ramesh Pd. Gupta @ Ramesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53048 of 2021 Arising Out of PS. Case No.-589 Year-2020 Thana- SONEPUR District- Saran ====================================================== RAMESH PRASAD GUPTA @ RAMESH PD. GUPTA @ RAMESH PRASAD S/o BISHWANATH SAH R/o VILLAGE-PARMANANDPUR, P.S-SONPUR, DISTRICT-SARAN AT CHAPRA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kumari, Adv.

For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 341, 323, 504, 506, 302/34 of the Indian Penal Code.

The prosecution case, in short, is that one Laxman Mahto, informant, he and his son namely Ghanshyam Mahto running a shop of Samosha and liti at Parmanandpur, whose it has been alleged that on 08.08.2020 at 6.20 P.M., where the accused petitioner and his friend Nitesh Rai @ Dhela, Vikash Rai @ Palu, Dinesh Rai, Ramesh Pd., Khatta Kumar, Nangakhee Kumar and Chotu Kumar came at the shop of the informant and demanded Samosa and liti and when he demanded his previous dues the accused persons not ready to pay the same and started

Patna High Court CR. MISC. No.53048 of 2021(3) dt.06-04-2022 2/3 abusing the son of the informant, they took out the son of the informant namely Ghanshyam Mahto back of the market and beaten him brutally, he sustained internal injury and due to which he died on the spot. The informant save himself from the accused persons after running.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that it appears from the FIR itself that there is general and omnibus allegation against all the accused persons. He further submits that the petitioner has been implicated in this case due to dispute of money in transaction of land and there is no specific allegation against the petitioner. Moreover, the co-accused, namely, Chhotu Kumar has already been granted bail by this Court vide order dated 25.01.2022 passed in Cr. Misc. No. 55488 of 2021. The petitioner is rotting in judicial custody since 17.02.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sonepur P.S. Case No. 589 of 2020 with the following conditions:-

Patna High Court CR. MISC. No.53048 of 2021(3) dt.06-04-2022 3/3

(1) Petitioner 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

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

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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) brajesh/- U T