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Patna High CourtCR. MISC./4322/2021bail granted

Naveen Ram @ Navin Ram @ Naveen Kumar @ Navin Kumar v. The State Of Bihar

2021-03-23Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4322 of 2021 Arising Out of PS. Case No.-80 Year-2020 Thana- HASPURA District- Aurangabad ====================================================== 1.

NAVEEN RAM @ NAVIN RAM @ NAVEEN KUMAR @ NAVIN KUMAR Son of Mohan Ram Resident of Village - Phatehpur Tola Jhouribigha, P.O.- Sihari, P.S.- Haspura, Distt.- Aurangabad. 2.

BIPIN RAM @ BIPIN KUMAR Son of Mohan Ram Resident of Village - Phatehpur Tola Jhouribigha, P.O.- Sihari, P.S.- Haspura, Distt.- Aurangabad. 3.

MANISH KUMAR @ MANISH RAJ Son of Rameshwar Ram Resident of Village - Phatehpur Tola Jhouribigha, P.O.- Sihari, P.S.- Haspura, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ataul Haque For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-03-2021 Heard both parties.

The petitioners seek bail in Haspura P.S. Case No. 80 of 2020, registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

As per the prosecution case, on 09.04.2020, the informant received information that one Judagir Ram has been killed and during recording of fardbeyan, the informant came to know that all the accused persons, involved in the murder of Judagir Ram including the petitioners are hidden in the house of one Mohan Ram, upon which search was made and these petitioners along with two co-accused were arrested. It is further

Patna High Court CR. MISC. No.4322 of 2021(3) dt.23-03-2021 2/3 alleged that on the disclosure made by petitioner no. 1 Naveen Ram @ Naveen Kumar raid was conducted in the house of Shikeshwar Ram and one loaded desi Katta, one country made pistol and two live cartridge were recovered. It is submitted that arms and ammunitions were recovered from the house of one Shikeshwar Ram. Nothing has been recovered from conscious possession of these petitioners. Petitioners are in custody since 18.05.2020. Chargesheet has already been submitted.

Considering the fact that arms and ammunitions were recovered from the house of one Shikeshwar Ram, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Daudnagar, Aurangabad in connection with Haspura P.S. Case No. 80 of 2020, subject to following conditions:- (i) The 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 and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be

Patna High Court CR. MISC. No.4322 of 2021(3) dt.23-03-2021 3/3 cancelled by the court below.

(ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T