Ramchandra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59996 of 2021 Arising Out of PS. Case No.-313 Year-2021 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== RAMCHANDRA RAM Son of Bigau Ram Resident of Village - Sion, P.S.- Bhabua, Distt.- kaimur (Bhabua).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shankar Sahay, Adv.
Mr. Chandra Mohan Jha, Adv.
For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-04-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504 subsequently added Section 302 of the Indian Penal Code. According to prosecution case, one Kanchan Devi filed written report to the S.H.O. Bhabua on 21.06.2021 alleging therein that on the same day she was sitting at her door along with the in-laws Rajan Ram. In the meanwhile Ramu Ram coming from his four wheeler and pushed the tail of she buffalo, her father-in-law Rajan Ram made his protest. Later on after some time Ramu Ram, Ramchandra Ram, Dularchand Ram, Gorakh Ram and Sabal Ram having Lathi, Danda and knife reached at her door, started abusing Dularchand Ram instigated to kill, then
Patna High Court CR. MISC. No.59996 of 2021(4) dt.20-04-2022 2/3 Ramchandra Ram and Ramu Ram assaulted Rajan Ram by means of Lathi and Knife resulting of which he fell down and they also assaulted her husband and others.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the present case is a counter blast of Bhabhua P.S. Case No. 312 of 2021 filed by the petitioner against the deceased and his family members. He further submits that there was no intention to kill the victim. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. He further submits that the similar situated co-accused, namely, Ramu Ram, has already been granted bail by this Court vide order dated 11.04.2022 passed in Cr. Misc. No. 57945 of 2021. The petitioner is rotting in judicial custody since 01.07.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, 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 Court below where the case is pending in connection with Bhabua P.S. Case No. 313 of 2021 with the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.59996 of 2021(4) dt.20-04-2022 3/3 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 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.
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) brajesh/- U T