Pritam Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62186 of 2021 Arising Out of PS. Case No.-125 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Pritam Ram S/O Late Buchun Ram R/O Village-Dumariya, P.S- Sasaram (M), District-Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr. Renuka Ratnakar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and learned counsel for the Informant as well as learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

According to prosecution case, the informant Krishna Kumar filed a written report in which he has stated that on 03.04.2021 he was feeding his domesticated animal then his covillagers namely, Pritam Ram and Sanjeev Paswan throw away drainage water upon Nagina Paswan and on protest they again

2/4 throw away dirty waters. Then the son of Nagina Paswan namely Surendra Paswan registered protest and on this they both started chasing him having knife in their hand. Anyhow, Surendra Paswan saved himself by hiding in the house of Bharat Baba after that both accused were returning. Then the father of the informant Uma Shankar Paswan stated them not to repeat such act on this both accused persons assaulted him by the knife and they gave knife blow on left side of neck and on the right shoulder. Due to that assault the informant's father became seriously injured and felt down. In the meantime, due to hue and cry raised by the villagers the accused persons fled away and the informant's father died due to the knife blow by the accused.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. that the allegation against the petitioner is that he assaulted the father of the informant by the knife blow to the left side of the neck and right side of shoulder. He further submits that it appears from the F.I.R. that there is general and omnibus allegation against all the accused persons and there is no specific allegation against him.

3/4 30.06.2021 against the petitioner and the petitioner is in custody since 04.04.2021.

The learned counsel for the Informant and learned A.P.P. has vehemently opposed the prayer for bail of the petitioner and submits that there is direct allegation against the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Court below where the case is pending in connection with Sasaram (M) P.S. Case No. 125 of 2021, subject to the following conditions:-

1. 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled 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

4/4 of bail.

3. 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) mdrashid/- U T