Single judge order granting bail to a petitioner accused of murder and offences under the Arms Act, subject to standard conditions including cooperation in trial and no tampering with evidence.
Petitioner released on bail upon furnishing bond of Rs. 10,000 with two sureties subject to conditions of cooperation and non-tampering.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4809 of 2019
Arising Out of PS. Case No.-204 Year-2018 Thana- DUMRA District- Sitamarhi
======================================================
Ramji Rai @ Ram Kumar, aged about 30 years, S/o Ram Naresh Rai @ Ramnaresh Ray, R/o village- Vishwanathpur, P.S. Dumra, District- Sitamarhi.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashhar Mustafa, Adv. For the Opposite Party/s : Mr.Nagendra Prasad (APP) ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
3 26-02-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Dumra P.S. Case No. 204 of 2018 registered for the offences punishable under Sections 302, 34 of the Indian Penal Code and Section 27 of Arms Act.
Informant who is the son of the deceased has stated in his fardbeyan that his father who was posted as District Welfare Officer, Sitamarhi, was shot dead by three unidentified assailants.
It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. The name of petitioner has surfaced in this case on the basis of confession made by co-
Patna High Court CR. MISC. No.4809 of 2019(3) dt.26-02-2019 2/3
accused Md. Ali Ansari @ Bablu Master who has been granted bail by co-ordinate bench of this court vide order dated 20.09.2018 passed in Cr. Misc. No. 57219 of 2018 and similarly placed co-accused has been granted bail by this court vide order dated 27.11.2018 passed in Cr. Misc. No. 67949 of 2018. Except confessional statement there is no other incriminating material against petitioner. Petitioner is in custody since 02.07.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released 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 C.J.M., Sitamarhi, in connection with Dumra P.S. Case No. 204 of 2018, subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
Patna High Court CR. MISC. No.4809 of 2019(3) dt.26-02-2019 3/3
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J)
Rajiv/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case of alleged murder and arms offence.
Ramji Rai @ Ram Kumar
The State Of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
