Ramjee Rai @ Ramji Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12333 of 2021 Arising Out of PS. Case No.-386 Year-2020 Thana- MANER District- Patna ====================================================== RAMJEE RAI @ RAMJI RAY SON OF LATE HARI RAI @ LATE HARI RAY R/O VILLAGE- HALDI CHHAPRA, PURANA TOLA, P.S.- MANER, DISTRICT- PATNA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Helal Ahmad For the Opposite Party/s :
Mr.A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-06-2021 This matter is taken up for consideration through Video Conferencing.
Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case initially registered for the offence punishable under sections 285, 504, 506/34 of the Indian Penal Code and subsequently, section 304 IPC was also added.
As per prosecution case, on 18.08.2020, this petitioner is alleged to have installed electric wire in his agriculture land and when the informant went there, he got an electric shock and fell down. It is further stated that he did not inform the family members. It is further alleged that during course of treatment, informant died as a result of which section 304 IPC was also
Patna High Court CR. MISC. No.12333 of 2021(2) dt.29-06-2021 2/3 added.
It is submitted on behalf of the petitioner that petitioner has been falsely implicated due to village politics and there is no specific allegation against the petitioner. From the FIR, it is apparent that it is only allegation against the petitioner that he did not give information to the family of the informant. Petitioner claims clean antecedent and is in custody since 28.08.2020. Charge sheet has already been submitted. Considering the clean antecedent of the petitioner and his period of custody, this bail application is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Miss. Nutan Kumari, Judicial Magistrate, Ist Class, Danapur in Maner P.S. Case no. 386/2020 on 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/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
Patna High Court CR. MISC. No.12333 of 2021(2) dt.29-06-2021 3/3 for cancellation of bail.
(Prabhat Kumar Singh, J) s.hassan/- U T