Sunil Kumar @ Sunil Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70090 of 2021 Arising Out of PS. Case No.-151 Year-2020 Thana- HUSSAINGANJ District- Siwan ====================================================== 1.
Sunil Kumar @ Sunil Ram Son of Shiv Kumar Ram Resident of village - Sahuli Uttar Tola Puraini, P.S.- Hussainganj, Dist.- Siwan 2.
Upendra Ram Son of Chandrika Ram Resident of village - Sahuli Uttar Tola Puraini, P.S.- Hussainganj, Dist.- Siwan ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate Mrs.Kumari Anupam, Advocate For the Opposite Party/s : Mr.Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-05-2022 Heard Mr. Yogesh Chandra Verma, learned Senior Counsel for the petitioners and Mr. Raj Kishore Singh, learned APP for the State.
Both the petitioners are in judicial custody in connection with Hussainganj P.S. Case No. 151 of 2020 registered under sections 147, 148, 323, 324, 308 and 504 of the Indian Penal Code and section 302 of the IPC was later added. As per the prosecution story, the informant's mother was doing her household work when the accused persons including the petitioners herein armed variously attacked their house due to land dispute and when the informant's father tried to save his wife, it is alleged that he too was assaulted which
Patna High Court CR. MISC. No.70090 of 2021(2) dt.24-05-2022 2/3 finally resulted into his death.
Learned Senior Counsel submits that an omnibus allegation has been levelled against the petitioners herein along with almost dozen of persons. He further submits that the both the petitioners have got no criminal antecedents and are in jail since 23.9.2021 (as stated in para-11 of the bail application). He lastly submits that one of the co-accused namely Pankaj Ram has been granted bail by a coordinate bench of this Court on 21.8.2021 in Cr. Misc. No. 10288 of 2021.
Considering the fact both the petitioners are in jail since 23.9.2021and have no criminal antecedents, the chargesheet stands submitted and one of the similarly situated coaccused has been granted bail by a coordinate bench of this Court; this Court is inclined to grant the privilege of them subject to the fact that if it appears that any of the petitioners do have criminal antecedent, the bail order with regard to that person shall become infructuous.
Let the petitioners be released on bail on furnishing bail bond of Rs. 15000/- (Fifteen thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M.-9th, Siwan, in connection with Hussainganj P.S. Case No. 151 of 2020 subject to the following conditions:-
Patna High Court CR. MISC. No.70090 of 2021(2) dt.24-05-2022 3/3 (i) one of the bailors should be the family member of the petitioners, who shall provide official document to show their bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail their cancellation of bail by the Trial Court itself;
(iii) they shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of their bail bonds;
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T