Ramkewal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55542 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- RAMPUR CHAURAM District- Jehanabad ====================================================== Ramkewal Singh, aged about 82 years, Gender Male, S/o Late Baban Singh Residence of Village- Basti Bigha, P.S.- Rampur Chauram, Dist- Jehanabad. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Rama Kant Sharma, Sr. Advocate Mr. Nitya Nand Neeraj, Advocate For the Opposite Party :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-09-2019 Heard learned senior counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 302, 201 and 34 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Rampur Chauram P.S. Case No. 07 of 2019.
3. It is submitted that the petitioner has been falsely implicated and in any event, he is not alleged to be the main assailant and such accusation is against three accused persons, namely, Sunil Kumar, Sujeet Kumar and Ravi Ranjan Singh. The petitioner, along with these three persons, is said to be the order giver and the accusation in this regard is general and omnibus. It is submitted that as a matter of fact, the petitioner is a man of advance age of 82 years and has been advised complete bed rest. The accusation against accused persons of having dragged body of the deceased for a distance of about one kilometer is highly improbable as concerns the petitioner. The petitioner's case stands better footing than that of coaccused Sujeet Kumar @ Aditya Kumar, who has since been granted regular bail by a coordinate Bench of this Court vide order dated
Patna High Court CR. MISC. No.55542 of 2019(2) dt.02-09-2019 2/2 02.07.2019 passed in Cr. Misc. No. 38215 of 2019. The petitioner claims clean antecedents.
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st Class, Arwal in connection with Rampur Chauram P.S. Case No. 07 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Vikash Jain, J) BT/- U T