Ramashish Ram @ Ram Ashish Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 69563 of 2023 Arising Out of PS. Case No.-262 Year-2023 Thana- RAJPUR District- Buxar ====================================================== RAMASHISH RAM @ RAM ASHISH RAM SON OF LATE MUSFAFIR RAM VILLAGE- DEVADHIYA, PS- RAJPUR, DIST- BUXAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Setu Prateek, Adv For the Opposite Party/s :
Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Rajpur P.S. Case No. 262 of 2023 registered on 30.06.2023 lodged under Sections 147, 149, 302, 307, 120B, 504, 506 of the I.P.C. and 25(1-b)a, 26, 27, 35 of the Arms Act.
3. As per the prosecution case, F.I.R. has been lodged against eight named accused persons against whom there is allegation of causing injury to the informant.
4. Counsel for the petitioner submits that in the F.I.R. role of every accused persons are clearly stated by the informant. He submits that there is no specific allegation of act or overt-act are there in the F.I.R. against the present petitioner.
5. Counsel further submits that petitioner is innocent
Patna High Court CR. MISC. No. 69563 of 2023(2) dt.01-11-2023 2/3 and has committed no offence. One of the accused namely Akhilesh Ram has specific allegation of assaulting husband of the informant. But name of the petitioner is figured in this by virtue of disclosure made by one of the co-accused. He further submits that petitioner is in custody since 03.07.2023 having clean antecedent.
6. Learned counsel for the State opposes the prayer for bail.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Buxar in connection with Rajpur P.S. Case No. 262 of 2023 subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail
Patna High Court CR. MISC. No. 69563 of 2023(2) dt.01-11-2023 3/3 bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner 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 the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
8. With this observation, the bail application stands allowed.
(Dr. Anshuman, J) Sunnykr/- U T