Ajay Ram @ Upendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82012 of 2023 Arising Out of PS. Case No.-262 Year-2023 Thana- RAJPUR District- Buxar ====================================================== Ajay Ram @ Upendra Ram, Son of Video Ram R/o vill - Devadhiya, P.S. - Rajpur, Distt. - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Rajpur P.S. Case No. 262 of 2023 for the offences registered under Sections 147, 149, 302, 307, 120(B), 504, 506 of the Indian Penal Code and Sections 25(1-B)a, 26, 35 and 27 of Arms Act.

3. As per the prosecution case, on the date of occurrence petitioner along with other accused persons variously armed with weapon came at the house of informant and dragged her husband from the house and shot in his chest. When the informant and other family members came to save, the accused persons made firing upon them causing injury to sons of informant.

Patna High Court CR. MISC. No.82012 of 2023(2) dt.10-01-2024 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The allegation of firing against the petitioner is general and omnibus. There is no injury report in this regard. F.I.R. has been filed delayed without any explanation. The main allegation of firing is against co-accused Akhilesh Ram due to which husband of the informant died. Petitioner has one criminal antecedent. He is in custody since 03.07.2023. Charge-sheet has already been submitted. There is no chance of tampering with the evidence or absconding of the petitioner.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Rajpur P.S. Case No. 262 of 2023, subject to following conditions:- (I) Bailors should be local having sufficient immovable property within the jurisdiction of the Court

Patna High Court CR. MISC. No.82012 of 2023(2) dt.10-01-2024 3/3 concerned.

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (Sunil Dutta Mishra, J) rakhi/- U T