Samod Kumar Ram @ Samod Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.492 of 2017 Arising Out of PS.Case No. -99 Year- 2009 Thana -JHANJHARPUR District- MADHUBANI ======================================================
1. Samod Kumar Ram @ Samod Ram, son of Mahendra Ram, Resident of Village- Simra, P.S.- Jhanjharpur, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar. null null .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shivendra Lal Das, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in jail since 23.09.2016 in a case registered for offences punishable under Sections 395 and 397 of the Indian Penal Code.
The prosecution case as lodged by the informant is that the unruly mob attacked on the police force and they entered into the premises of the police station and looted away several arms and ammunition belonging to the Government and also injured several police personnel and also entered into houses and looted away several valuable articles, cash, ornaments, jeweleries etc. and they also caused injuries to the inmates of the house including the lady members and also lit fire in several articles including the
Patna High Court Cr.Misc. No.492 of 2017 (2) dt.16-01-2017 2/3 vehicles parked there.
It has been submitted by the learned counsel for the petitioner that he is innocent and he has not named in the F.I.R. and falsely been implicated in the aforesaid case. In fact there was unruly mob in which 16 persons have been made named accused and only general and omnibus allegations have been leveled against the petitioner. It has further been submitted that charge sheet has been submitted and there is no chance of tampering with the prosecution evidence. It has also been submitted that some of the named accused have since been granted the privilege of bail by a Co-ordinate Bench of this Court passed in Cr. Misc. no. 53244 of 2016 dated 08.12.2016 and other accused, not named in the F.I.R. has also been granted the privilege of bail by a Co- ordinate Bench of this Court in many other cases.
However, learned A.P.P. for the State opposes the prayer for bail.
Be that as it may, since charge sheet has been submitted and other accused named in the F.I.R., have been granted the privilege of bail, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each the to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur in connection with
Patna High Court Cr.Misc. No.492 of 2017 (2) dt.16-01-2017 3/3 Jhanjharpur P.S.Case No. 99 of 2009 corresponding to G.R. No. 1089 of 2009.
(Nilu Agrawal, J) Sudha/- U T