Patna High CourtCR. MISC./57011/2024bail granted

Ashish Ram @ Ashish Kumar v. The State Of Bihar

2024-09-27Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57011 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- BIHARIGANJ District- Madhepura ====================================================== ASHISH RAM @ ASHISH KUMAR S/O RAMDEO RAM @ RAMDEV RAM R/O VILLAGE- RAJGANJ, P.S- BIHARIGANJ, DISTT.- MADHEPURA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar, Adv.

For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Bihariganj P.S. Case No. 19 of 2024 dated 28.01.2024 registered for the offence/s punishable u/s 307 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused persons along with the other companions surrounded the informant's son Badal Kumar and started firing indiscriminately causing injury.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.57011 of 2024(2) dt.27-09-2024 2/3 petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. As per injury report, the injury is grievous in nature which is on the non-vital part of the body. The co-accused person has already been granted regular bail by this court vide order dated 22.07.2024 passed in Cr. Misc. No. 46263 of 2024. The petitioner has three criminal antecedents in which he is on bail as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Udakishungaj, Madhepura in connection with Bihariganj P.S. Case No. 19 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with further condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause,

Patna High Court CR. MISC. No.57011 of 2024(2) dt.27-09-2024 3/3 the bail bond of the petitioner is liable to be cancelled.

(ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T