Rajgrihi Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40644 of 2020 Arising Out of PS. Case No.-233 Year-2020 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== 1.
RAJGRIHI RAM SON OF LATE RAMCHANDAR RAM 2.
AMARJIT KUMAR @ KRISHNA KUMAR S/O SURENDRA PASWAN 3.
SATYENDRA PASWAN S/O LATE KHICHADI PASWAN RESIDENT OF VILLAGE-PUCH POKHARI, P.S.-KUDARA, DISTRICT-KAIMUR.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Sharma For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-02-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are in custody since 28.07.2020 in connection with Kudara P.S. Case No. 233/20 registered for the offences punishable under Sections 147/148/149/341/323/324/ 325/307/337/448/427/429/504/506 of the Indian Penal Code and Section 27 of the Arms Act.
As per the prosecution case, On 27.07.2020, while the daughter of the informant was standing at the door, 26 FIR named accused persons including these petitioners, variously armed, opened indiscriminate firing as a result of which, daughter of the informant received injury and when her nephew came to rescue, he was also assaulted with Lathi and Danda.
Patna High Court CR. MISC. No.40644 of 2020(2) dt.23-02-2021 2/3 It is submitted on behalf of the petitioners that there is general and omnibus allegation against these petitioners. It is further submitted that petitioner No. 1 and 3 have got no criminal antecedent while petitioner No. 2 has been made accused in Kudra P.S. Case No. 232/20. It is next submitted that the petitioners have been falsely implicated in this case due to village politics. Chargesheet has already been submitted in this case and there is no evidence of tampering with the evidence. Petitioners are in custody since 28.07.2020.
Considering the aforesaid facts and circumstances, the bail petition of the petitioners is allowed. Let the petitioners above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Kaimur, Bhabhua, in connection with Kudra P.S. Case No. 233/20, subject to 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 on their absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.
Patna High Court CR. MISC. No.40644 of 2020(2) dt.23-02-2021 3/3
(2) If the petitioners temper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J) Saif/- U T