Ramashan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55256 of 2022 Arising Out of PS. Case No.-172 Year-2022 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Ramashan Singh, Son of Late Baliram Singh, R/V- Belaghat, P.S- Ara Mufassil, Dist- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarendra Kumar, Advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Ara Muffasil P.S. Case No.172 of 2022 registered for the offence punishable under Section 304/34 of the Indian Penal Code. The FIR alleges that the informant's nephew has died due to electrocution. It is alleged that the petitioner had barricaded his farm with a wire wherein he had attached a live wire and this has led to his death.

Petitioner's counsel submits that the victim, in fact, has suffered electrocution from a live wire somewhere else. Due to subsisting land dispute, the petitioner, who is a farmer, has been implicated. He has no antecedents and he is in custody since 08.06.2022. He is also having chronic kidney ailment, in

Patna High Court CR. MISC. No.55256 of 2022(2) dt.10-01-2023 2/3 support of which some medical documents have been annexed as Annexure 2.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, the fact that by now investigation is complete, clean antecedent of the petitioner, his illness and nature of accusation, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Bhojpur, Ara in connection with Ara Muffasil P.S. Case No.172 of 2022, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.55256 of 2022(2) dt.10-01-2023 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T