Shivjee Ram @ Shiv Kumar Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.65311 of 2018 (2) dt.31-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65311 of 2018 Arising Out of PS.Case No. -156 Year- 2017 Thana -SAKRA District- MUZAFFARPUR ====================================================== Shivjee Ram @ Shiv Kumar Ram, Son of Late Sukhdev Ram, resident of Village- Harpur Arara, Police Station- Goraul, District- Vaishali. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sunil Prasad Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the third attempt on behalf of the petitioner, who is in custody since 13.05.2017 and has renewed his prayer for bail in connection with Sakra P.S. Case No. 156 of 2017 for the offence alleged under Sections 25(1-B)A, 25(1-A),25 (1-AA), 25(1-AAA), 26 (2), 27(2), 35 Arms Act, Section 3, 4 Explosive Substance Act and 16, 17, 18, 20, 22 and 23 of U.A.P. Act having twice been rejected by orders dated 14.12.2017 and 14.05.2018 in Criminal Miscellaneous No. 60024 of 2017 and Criminal Miscellaneous No. 28989 of 2018, respectively.

3. Learned counsel for the petitioner submits that similar situated co-accused Ganesh Rai has been granted bail by this Court in Cr. Misc. No. 34958 of 2018. Statement is made at the Bar that charges have now been framed against the petitioner on 25.10.2018. The petitioner is accused in only one other case of different nature in which he has already been allowed bail.

Patna High Court Cr.Misc. No.65311 of 2018 (2) dt.31-10-2018

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, Muzaffarpur, in connection with Sakra P.S. Case No. 156 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T