The Patna High Court granted regular bail to Bhola Ram in a murder case pending at the Sessions Court, directing him to furnish a bail bond with two sureties and allowing counsel to submit defects within four weeks.
Petitioner enlarged on bail by furnishing a bond of Rs. 20,000 with two sureties of like amount.
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.15073 of 2023
Arising Out of PS. Case No.-264 Year-2018 Thana- RAMGARHWA District- East
Champaran
======================================================
BHOLA RAM, S/O Vishwanath Ram, R/O Village- Yogwaliya, P.SRamgarhwa, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Madhurendra Kumar, Advocate For the Opposite Party/s : Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 12-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial No. 268 of 2022 (C.I.S. No. 268 of 2022) arising out of Ramgarhwa P.S. Case No. 264 of 2018 dated 05.11.2018 registered for the offences punishable u/ss 302 read with Section 34 of the Indian Penal Code.
As per the prosecution case, the petitioner armed with Gandasa assaulted the son of the informant causing injury on his
Patna High Court CR. MISC. No.15073 of 2023(3) dt.12-04-2023 2/3
neck, on account of which he died while being taken to the hospital. It is further alleged that there is land dispute between the parties.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The co-accused person Lal Babu Ram has already been granted bail by this Court vide order dated 05.07.2022 passed in Cr. Misc. No. 10568 of 2022. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.08.2021. Learned counsel has further submitted that the trial has not been concluded within the period of 6 months as directed by this Court vide order dated 05.07.2022 passed in Cr. Misc. No. 10568 of 2022 with an observation that if the trial is not concluded within a period of six months, the petitioner may renew his prayer for bail.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the prayer of bail of the petitioner has already been rejected on merit by this Court vide order dated 05.07.2022 passed in Cr. Misc. No. 10568 of 2022.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-
Patna High Court CR. MISC. No.15073 of 2023(3) dt.12-04-2023 3/3
named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, Eest Champaran in connection with Sessions Trial No. 268 of 2022 (C.I.S. No. 268 of 2022) arising out of Ramgarhwa P.S. Case No. 264 of 2018 with the following condition :-
The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail considering the delay in the trial.
1 provisions across 1 enactments
Bhola Ram
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
