Ramesh Ram @ Ramesh Chamar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40828 of 2020 Arising Out of PS. Case No.-144 Year-2020 Thana- GUTHANI District- Siwan ====================================================== RAMESH RAM @ RAMESH CHAMAR aged about 55 years Son of Late Ramdeo Ram @ Ramdeo Chamar Resident of Village- Tenua, P.S.- Guthani, District- Siwan.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-02-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in a case registered for the offence punishable under sections 25(1-b) a, 26 and 35 of the Arms Act.

As per the prosecution case, one single barrel gun marked as 'Air Gun Sisco Toy', two live cartridges of 12 bore from the lower pant and four empty cartridges from beneath the bed were recovered from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Charge sheet has already been submitted. No incriminating material has been recovered from the conscious possession of the petitioner and the petitioner is merely a labourer. Petitioner

Patna High Court CR. MISC. No.40828 of 2020(2) dt.26-02-2021 2/2 is in custody since 27.7.2020.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned 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 Judicial Magistrate 1st class, Siwan in Trail No. 3890 of 2020/Guthani Police Station Case No. 144 of 2020 on the following conditions:-

(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 cancelled 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.

(Prabhat Kumar Singh, J) Shashi U T