Ram Brajesh Ram @ Ram Brajesh Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.52394 of 2016 (3) dt.14-02-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52394 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -KORANSARAI District- BUXAR ======================================================
1. Ram Brajesh Ram @ Ram Brajesh Paswan, Son of Late Mohan Ram, resident of Village- Chandi, P.S.- Charpokhari, District- Bhojpur at Ara. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner is in custody since 09.06.2016 in connection with Koransarai P.S. Case No. 29 of 2016 registered under Sections 302, 307, 326/34 of the Indian Penal Code and Section 27 of the Arms Act.
According to the prosecution, when the informant with his brother Millu Choudhary along with others were going to attend Barat party, one Bolero vehicle stopped in front of them and the persons having lethal weapon started indiscriminate firing upon them, as result of which driver, Sanjay Kumar, sustained injury and lost balance of vehicle. In the meantime, co-accused Harendra Choudhary and Mantu Yadav started indiscriminate firing upon Millu Choudhary, which hit his chest, stomach and neck and subsequently Millu
Patna High Court Cr.Misc. No.52394 of 2016 (3) dt.14-02-2017 Choudhary died.
Learned counsel for the petitioner has submitted that though in this case charge-sheet has been submitted but there is general and omnibus allegation against this petitioner rather the main allegation is against co-accused, namely, Harendra Chaoudhary and Mantu Yadav for firing upon the deceased and Lalbabu Choudhary, who fired upon the informant. Merely on the ground of confession recorded by this police, this petitioner has been implicated in this case, which has no evidentiary value in the eye of law, and rotting in jail custody for the last seven months. Moreover, co-accused, Ram Bihari Choudhary, has already been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 35061 of 2016.
Considering the facts and circumstances of the case and the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Buxar in connection with Koran Sarai P.S. Case No. 29 of 2016.
(Arvind Srivastava, J) brajesh/- U T