Rajesh Kumar Ram @ Rajesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81436 of 2023 Arising Out of PS. Case No.-68 Year-2022 Thana- RUDRAPUR District- Madhubani ====================================================== Rajesh Kumar Ram @ Rajesh Ram S/O Nathuni Ram Resident of VillageBhaduar, Ps. Rudrapur, Dist. Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Rudrapur P.S. Case No.68 of 2022, lodged on 07.05.2022, under Sections 341/323/324/307/354/504 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against six named accused persons including the present petitioner against whom there is an allegation that all the accused persons in connivance with each other have attacked on the informant and his family members. They have also thrown bricks indiscriminately due to which injury has been caused to the informant's side.
Patna High Court CR. MISC. No.81436 of 2023(4) dt.05-03-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that from the FIR it is apparent that the date of occurrence is 17.04.2022 and this occurrence took place on petty issue for throwing garbage on the road. Counsel further submits that there are case and counter case against them for the same date and place of occurrence two FIRs have been lodged. One FIR bearing Rudrapur P.S. Case No.68 of 2022 has been registered on 07.05.2022 and another FIR bearing Rudrapur P.S. Case No.58 of 2022 was lodged on 18.04.2022. Counsel submits that the petitioner is in custody since 11.09.2023 and is accused in two more criminal cases, in which he is on bail.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail only on being satisfied that petitioner is not absconding in the following cases, i.e., (i) Rudrapur P.S. Case No.48 of 2018 and (ii) Rudrapur P.S. Case No.88 of 2018, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Jhanjharpur,
Patna High Court CR. MISC. No.81436 of 2023(4) dt.05-03-2024 3/3 Madhubani, in connection with Rudrapur P.S. Case No.68 of 2022, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(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 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. (Dr. Anshuman, J) Mkr./- U T