Allowed

Prem Ram v. the State of Bihar

Patna HC5 Aug 2021CR. MISC./9595/2021

Case brief

AI extract

What is this about?

The High Court heard a bail petition filed by Prem Ram against the State of Bihar. The petitioner sought bail in a case under Sections 307 IPC, Arms Act, and CLA Act, noting he was not initially named in the FIR. The Court allowed regular bail on conditional terms.

What did the court decide?

Petitioner enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each to the Additional Sessions Judge I, Bagaha, West Champaran.

Prem Ram Vs the State of Bihar — Bail and Remand | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9595 of 2021

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Arising Out of PS. Case No.-26 Year-2005 Thana- LAUKARIA District- West Champaran

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======================================================

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Prem Ram aged about 25 years Son Of Shankar Ram R/O Village- Basgaon, P.S.- Laukariya, Dist.- West Champaran

... ... Petitioner/S

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Suresh Prasad Sharma, Advocate For the Opposite Party/s : Mr.A.G. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 05-08-2021

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Heard learned counsel for the petitioner and the State.

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The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 307 and other ancillary sections of the Indian Penal Code, section 27 of the Arms Act and section 17(ii) of the CLA Act.

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As per the prosecution case, on the secret information that some extremists have assembled, police conducted raid in which it was alleged that there was firing from both sides but no one was injured through local people informant came to know that 30 to 35 extremists have assembled to commit some crime.

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Learned counsel for the petitioner submits that petitioner is not named in the FIR and petitioner’s name has figured during course of investigation. No incriminating material has been recovered from the conscious possession of

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Patna High Court CR. MISC. No.9595 of 2021(3) dt.05-08-2021 2/3

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the petitioner. Source of identificatio of the petitioner in the night has not been disclosed in the FIR. Similarly situated coaccused have already been allowed bail by this Court vide paragraph 11 of the bail petition. Petitioner is in custody since 9.10.2020. Charge sheet has already been submitted.

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Learned counsel appearing for the State opposes the prayer for bail.

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Considering the rival submissions of the parties and materials available on the record, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge I, Bagaha, West Champaran in Laukariya Police Station Case No. 26 of 2005 on the following conditions:-

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(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

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Patna High Court CR. MISC. No.9595 of 2021(3) dt.05-08-2021 3/3

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for cancellation of bail.

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(Prabhat Kumar Singh, J)

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shashi/-

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U T

Prem Ram v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Prem Ram v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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