Munna Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59112 of 2019 Arising Out of PS. Case No.-545 Year-2018 Thana- KUDRA DistrictKaimur (Bhabua) ====================================================== MUNNA RAM Son of Sri Bahadur Ram Resident of Village - Vaina (Oiyna), P.S.- Kudra, Distt - Kaimur at Bhabua.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dharmendra Kumar Singh, Advocate.

For the Opposite Party:

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 325, 307, 504/34 of the Indian Penal Code registered in connection with Kudra P.S. Case No. 545 of 2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. The accusations against other accused persons are general and omnibus while there is specific accusation of assault by the petitioner on the informant. It is submitted that the injuries are simple in nature. 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 provisional bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount

Patna High Court CR. MISC. No.59112 of 2019(2) dt.18-09-2019 2/2 each to the satisfaction of learned Additional Chief Judicial Magistrate, Kaimur at Bhaua in connection with Kudra P.S. Case No. 545 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following 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 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. (iv) 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.

5. The provisional bail granted to the petitioner shall be confirmed by the learned Court below upon verification within a further period of four weeks after furnishing bail bond, that no grievous injury sustained by the informant. In case grievous injury is found, his bail bond shall stand automatically cancelled.

(Vikash Jain, J) Ibrar//- U T