Sonu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.365 of 2023 Arising Out of PS. Case No.-204 Year-2022 Thana- PIRO District- Bhojpur ====================================================== SONU RAM Son of Late Fulwari Ram R/V- Chaturbhuji Baraon, P.S- Piro in the district of Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar,Advocate For the Opposite Party/s :

Mrs.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 06.09.2022 in connection with Piro P.S. Case No. 204 of 2022, F.I.R. dated 21.04.2022 registered for the offence punishable under Sections 341,323,324,307,504,34 of IPC. The prosecution case, in short, is that on 21.04.2022, on account of issued pertaining to children in the home, informant's younger brothers, namely, Sonu Ram and Rajan Ram started abusing to the informant and upon his objection, the said Rajan Ram hit him on his head resulting injury on his head and said Sonu Ram assaulted him with Gandasi on his lateral side of the stomach resulting in cut over there. Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.365 of 2023(3) dt.05-05-2023 2/3 that the petitioner has clean antecedent and he has falsely been implicated in the present case. Further submits that the petitioner and informant is full brother and due to petty reason, the occurrence had taken place. Further submits that the injury report of the informant did not disclose the nature of injury and it has mentioned that the opinion is reserved and after the present occurrence, both the parties have filed a compromise petition before the learned court below and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 06.09.2022. Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the aforesaid facts, let the petitioner, above named, 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 Judicial Magistrate 1st Class, Bhojpur, Ara in connection with Piro P.S. Case No. 204 of 2022, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.365 of 2023(3) dt.05-05-2023 3/3 reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T