Kameshwar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57665 of 2021 Arising Out of PS. Case No.-197 Year-2020 Thana- RAJNAGAR District- Madhubani ====================================================== Kameshwar Ram Son Of Late Chita Ram Resident Of Village- Ward No. 10 Ahmada Reghuni Dehat, P.S.- Rajnagar, District- Madhubani. ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Rajnagar P. S. Case No.197 of 2020, instituted for the offences under Sections 341, 504, 323, 324, 325, 307, 379/ 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 18.07.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case. The learned counsel for the petitioner submits that the informant alleges that named accused persons along with 30-35 unknown came at the house of the informant and assaulted the informant causing fracture of his right arm and hand and also assaulted sons of the informant Pradeep Jha and Bhogendra Jha (deceased). Further Bhogendra Jha died during the treatment. The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would

Patna High Court CR. MISC. No.57665 of 2021(2) dt.03-03-2022 2/2 manifest that petitioner is not named in the F.I.R. and there is a delay of six days in instituting the F.I.R. without any plausible explanation. It is further submitted that similarly situated coaccused Jeevan Ram and Maghi Ram @ Mahgi Ram have been granted bail by order dated 27.05.2021 in Cr. Misc. No.23506 of 2021.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in the case and there was a delay of six days in instituting the F.I.R. without any plausible explanation and coaccused have been granted bail, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- 1st, Madhubani in connection with Rajnagar P. S. Case No.197 of 2020. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T