Ram Ekwal Mochi @ Madhir Ji @ Madhir @ Ramakwal Ravidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62888 of 2024 Arising Out of PS. Case No.-192 Year-2002 Thana- MASAUDHI District- Patna ====================================================== Ram Ekwal Mochi @ Madhir Ji @ Madhir @ Ramakwal Ravidas Son of Late Chandradeep Mochi Resident of Village - Dighwan, P.S. - Masaurhi, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ajay Kumar Sinha, Advocate For the State :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code, Sections 27 of the Arms Act and Section 17 of the Criminal Law Amendment Act.
3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, including this petitioner, variously armed, encircled the house of informant and thereafter, co-accused Sudhir Singh fired upon husband of informant as a result of which, husband of informant died.
4. It is submitted by learned counsel for the petitioner that petitioner is innocent and have falsely been implicated in
Patna High Court CR. MISC. No.62888 of 2024(2) dt.06-12-2024 2/2 this case. From bare perusal of the F.I.R. it is apparent that specific accusation of firing and causing death of husband of informant is against co-accused Sudhir Singh. So for as this petitioner is concerned, he is only alleged to be member of the mob and there are general and omnibus allegations against this petitioner. There is no specific accusation of overt act against this petitioner. Petitioner is in custody since 10.03.2024. Moreover, charge-sheet has already been submitted.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, rival submissions, nature of accusation and period of custody, the prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner 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 A.D.J.-I, Masaurhi, in connection with S. Tr. No. 730 of 2024 arising out of Masaurhi P.S. Case No. 192 of 2002.
(Prabhat Kumar Singh, J) shashank/- U T