Awadhesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74692 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- SHYAMPUR BHATHA District- Sheohar ====================================================== AWADHESH RAM Son of Deodhari Ram Resident of Village - Yogiya Lalgarh, P.S.- Shyampur Bhataha, Distt.- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Adv.

For the Opposite Party/s :

Ms.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 14.04.2019 in a case registered for the offences punishable under Sections 341, 323, 324, 326, 307, 349 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that on 11.04.2019, the informant was cooking food, in the meantime, the petitioner and co-accused, Sanjay Ram entered into his house when, co-

Patna High Court CR. MISC. No.74692 of 2019(2) dt.04-12-2019 2/3 accused, Sanjay Ram assaulted with a dagger on the head of the informant whereas the petitioner is alleged to have resorted to fire, causing injury on the shoulder of the informant. It is submitted by learned counsel for the petitioner that the petitioner has maliciously been framed in the present case and a statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Moreover, co-accused, Sanjay Ram has been granted bail by a Co-ordinate Bench of this Court, vide order dated 04.09.2019, passed in Criminal Miscellaneous No. 56211 of 2019 and the investigation has already been concluded.

Learned APP for the State submits that the accusation is specific against the petitioner. Considering the fact that the investigation has already been concluded, co-accused, Sanjay Ram, being granted bail by a Co-ordinate Bench of this Court, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 District and Sessions Judge, Sheohar, in

Patna High Court CR. MISC. No.74692 of 2019(2) dt.04-12-2019 3/3 connection with S. Tr. No.75 of 2019, arising out of Shyampur Bhataha P.S. Case No. 39 of 2019.

(Dinesh Kumar Singh, J) Ashwini/- U T