Patna High CourtCR. MISC./52170/2024bail granted

Ram Nawmi @ Ramrami Kumar @ Ram Nawami Kumar @ Ramrami v. The State Of Bihar

2024-09-25Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52170 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- Patarghat District- Saharsa ====================================================== Ram Nawmi @ Ramrami Kumar @ Ram Nawami Kumar @ Ramrami S/O Jay Nandan Yadav R/O Village- Tema Tola Ward No. 12, P.S- Patarghat, Distt.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2024 Heard Mr. Uday Chand Prasad, learned counsel for the petitioner and Mr. Parmanand Prasad, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 09.03.2024, in connection with Patarghat P.S. Case No. 07 of 2024, FIR dated 08.03.2024 registered for the offence under Sections 25(1-B)a and 26 of the Arms Act.

3. One Musket and one live cartridge were recovered from a trunk which was kept in the house of the petitioner.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that one musket and one live cartridge were recovered from a trunk kept in the house

Patna High Court CR. MISC. No.52170 of 2024(3) dt.25-09-2024 2/3 of the petitioner. He further submits that the recovery has not been made in accordance with Section 100 of Cr.P.C. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner. The petitioner is rotting in judicial custody since 09.03.2024.

5. Learned A.P.P. for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries three more cases other than the present one but fairly submits on the basis of the paragraph no.3 of the bail petition that the petitioner is on bail in all the pending matters.

6. Considering the aforesaid facts, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Patarghat P.S. Case No. 07 of 2024 with the following conditions:- (i) 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 canceled by the

Patna High Court CR. MISC. No.52170 of 2024(3) dt.25-09-2024 3/3 Court below.

(ii) 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.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) ajay/- U T