Shashi Pal @ Deepak Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90201 of 2024 Arising Out of PS. Case No.-82 Year-2001 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Shashi Pal @ Deepak Ram S/o Shankar Ram @ Shankar Rai R/o VillageBishnupur Aahok, P.S.- Sahebpur Kamal, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Singh, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-02-2025 Heard Mr. Rahul Singh, learned counsel for the petitioner and Mr. Ram Bilash Roy Raman, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 25.01.2024 in connection with Sahebpur Kamal P.S. Case No. 82 of 2001, F.I.R. dated 17.06.2001 for the offences punishable under Sections 147, 148, 324 and 307 of the Indian Penal Code.
3. According to prosecution case, all the F.I.R named accused persons including this petitioner armed with weapons abstracted the informant from gardening and when he protested then all the accused persons started assaulting him and this petitioner gave bhala blow on the informant.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.90201 of 2024(2) dt.05-02-2025 2/3 implicated in the present case. He further submits that from perusal of the F.I.R it appears that there is specific allegation against the petitioner that he has assaulted the informant by means of Bhala over a petty dispute. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 25.01.2024.
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the matter is pertaining to the year 2001 and this petitioner is named in the F.I.R and he is absconding from last 24 years and apart from that he has specific allegation that he has assaulted the informant by means of Bhala.
6. Considering the aforesaid facts and circumstances as well as period of custody, 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 the learned Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P.S. Case No. 82 of 2001, subject to the following conditions:- i. 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
Patna High Court CR. MISC. No.90201 of 2024(2) dt.05-02-2025 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. 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.
iii. 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) Vanisha/- U T