Patna High CourtCR. MISC./56906/2023bail granted

Raj Kumar Ram v. The State Of Bihar

2023-10-06Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56906 of 2023 Arising Out of PS. Case No.-880 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== RAJ KUMAR RAM SON OF PULKIT RAM RESIDENT OF VILLAGE - BARELI BAZAR, P.S. - MADHEPURA (BHARAHI O.P.), DISTRICT - MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Madhepura (Bharahi O.P.) P.S. Case no. 880 of 2020 registered under sections 307, 341, 323, 325, 379, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, the 15 named accused persons including the petitioner herein are said to have come variously armed. It is stated that while Bahadur Ram struck with a kudali, the petitioner struck with an iron rod on the informant's head.

4. The earlier prayer for bail of the petitioner was

Patna High Court CR. MISC. No.56906 of 2023(3) dt.06-10-2023 2/3 rejected vide order dated 11.1.2023 (Annexure-1) passed in Cr. Misc. no. 22664 of 2022.

5. Learned counsel for the petitioner submits that while rejecting the prayer for bail by the aforesaid order dated 11.1.2023, this Court had given liberty to the petitioner to renew his prayer for bail after framing of charge or after six months, whichever is later. More than six months have passed since the said order and charge has been framed vide order dated 15.9.2023 passed in Sessions Trial no. 359 of 2023 vide Annexure 3 to the supplementary affidavit filed on behalf of the petitioner.

6. The application for bail is opposed by learned APP for the State.

7. Having heard learned counsel for the parties and taking into consideration the allegation in the FIR, the petitioner having remained in custody since 30.1.2022, liberty granted in the earlier order of rejection dated 11.1.2023 and charge having been framed in the case on 15.9.2023, the petitioner is directed to be enlarged on bail in connection with Madhepura (Bharahi O.P.) P.S. Case no. 880 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial

Patna High Court CR. MISC. No.56906 of 2023(3) dt.06-10-2023 3/3 Magistrate, Madhepura.

(Partha Sarthy, J) Spd/- U T