Jawahir Ram @ Javahir Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47419 of 2023 Arising Out of PS. Case No.-183 Year-2009 Thana- ARA MUFFSIL District- Bhojpur ====================================================== JAWAHIR RAM @ JAVAHIR LAL, S/O- Ramishwar Ram, R/O VillageBhusahula, P.S.- Ara Mufassil, Dist. Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Ara Mufassil P.S. Case No. 183 of 2009 dated 21.09.2009 registered for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel Mr. Prabhat Kumar Singh appearing for the petitioner are that the petitioner has fair and clean antecedent and two coaccused persons namely, Hiraman Ram and Buchiya Devi, who are named in the FIR, have been granted anticipatory bail by the then co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 2057 of 2012. Though, the petitioner is named in the FIR but against him, there is simple allegation of having caught hold the victim when he was being assaulted and the allegation

Patna High Court CR. MISC. No.47419 of 2023(2) dt.01-08-2023 2/2 of causing knife injury at the chest of the victim is specific against the co-accused Mantu Ram. Further submissions are that the petitioner has been languishing in jail since 04.02.2023 and against him, the investigation has been completed and the FIR itself goes to show that the alleged incident occurred in spur of moment and the same was not pre-planned.

4. Learned APP Mr. Ram Sumiran Rai appearing for the State has opposed the prayer for bail.

5. Considering the above submissions and mainly taking into account the circumstances pointed out by petitioner's counsel which go in favour of petitioner's prayer for bail, this Court is inclined to accept the petitioner's prayer for bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Ara Mufassil P.S. Case No. 183 of 2009.

(Shailendra Singh, J.) Maynaz/- U T