Shyamdeo Ram @Shyamdev Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56578 of 2023 Arising Out of PS. Case No.-22 Year-2021 Thana- GOPALPUR District- Gopalganj ====================================================== Shyamdeo Ram @SHYAMDEV Ram Son Of Late Shiv Mangal Ram Resident Of Village- Dharmpur, Ps- Gopalpur, Distt- Gopalganj Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivnandan Bharti For the Opposite Party/s :

Mr.Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 34 of the Indian Penal Code.

As per the prosecution case, it is stated that the informant, a teacher in a school was going on his motorcycle when he was intercepted by five named accused persons including the petitioner herein and some unknown accused persons. It is further alleged that on the orders of Bullet Ram, all the accused persons variously armed with lathi, danda, iron rod etc. started

Patna High Court CR. MISC. No.56578 of 2023(3) dt.29-11-2023 2/3 to assault the informant's son, as a result of which, he fell down and subsequently died.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. There is counter version of the occurrence also. The petitioner is languishing in custody since 07.12.2022. Moreover, similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 05.01.2022 passed in Cr. Misc. No. 36852 of 2021. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.56578 of 2023(3) dt.29-11-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gopalganj in connection with Gopalpur P.S. Case No. 22 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T