← Library
Patna High CourtCR. MISC./65035/2021allowed

Ramesh Ram v. The State Of Bihar

2021-12-01Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65035 of 2021 Arising Out of PS. Case No.-268 Year-2020 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== RAMESH RAM S/o Laxman Ram R/o village- Mujan, P.S.- Mahania, Distt.- Kaimur, Bihar ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mohan Jha For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 365, 302 & 201/34 of the Indian Penal Code.

Vide a detailed order dated 10.09.2021 passed in Cr. Misc. No.9534 of 2021 along with one analogous case, this Court had rejected the prayer for bail of the petitioners with a liberty to renew their prayer for bail after framing of charge. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.65035 of 2021(2) dt.01-12-2021 2/3 that charge has been framed against the petitioner on 26.03.2021. It is further submitted that similarly situated coaccused, namely, Prabhat Kumar @ Sonu @ Langra has been enlarged on bail by this court vide order dated 13.07.2021 passed in Cr. Misc. No.9494 of 2021 and some other co-accused have also been granted bail by different co-ordinate Bench of this Court. The petitioner has no criminal antecedent and has been languishing in custody since 11.09.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Mohania P.S. Case No.268 of 2020, subject to the following conditions :

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in

Patna High Court CR. MISC. No.65035 of 2021(2) dt.01-12-2021 3/3 court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(5) The petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(Anjani Kumar Sharan, J) Trivedi/- U T