Ramesh Singh @ Ramesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9880 of 2017 Arising Out of PS.Case No. -530 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ramesh Singh @ Ramesh Kumar Singh, son of Rewati Raman Singh, resident of village Gamhariya, P.S. Banjariya, District East Champaran .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Informant : Mr. Patanjali Rishi, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-03-2017 Heard learned counsel for the petitioner.
This is an application for bail in connection with Turkauliya (Banjariya) P.S.Case No. 530 of 2016 registered for the offences punishable under Sections 147, 148, 149, 302, 379, 427 of the Indian Penal Code and 27 of the Arms Act. It has been submitted on behalf of the petitioner that petitioner is named in the FIR but he is a member of mob along with 300 persons and nothing has been attributed against the petitioner and there is allegation of firing against others due to which the deceased died and petitioner is in custody for four months.
Heard learned APP also, who has opposed the prayer for bail stating that petitioner was not simply a member of mob he was armed with gun also at that time.
Having heard both sides and considering the fact that nothing has been attributed against the petitioner and he is in
Patna High Court Cr.Misc. No.9880 of 2017 (2) dt.01-03-2017 2/2 custody for four months, let the petitioner, above named, be released 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 Chief Judicial Magistrate, East Champaran at Motihari, in connection with Turkauliya (Banjariya) P.S.Case No. 530 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of his bail.
(Vinod Kumar Sinha, J) spal/- U