Laxmi Ram Vs The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Avnish Kumar Singh For the Opposite Party/s : Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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3 04-01-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner seeks bail in connection with Kateya P.S. Case No. 108 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 302, 504 and 506 of the Indian Penal Code.

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As per prosecution case, petitioners alongiwth others armed with farsa, lathi, danda and iron rod arrived at the informant’s land and tried to possess it. When informant alongwith his family protested, on the exhortation of petitioner no. 1, coaccused Rudal Ram assaulted informant’s son Balister Ram indiscriminately by means of farsa as result of which he sustained

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Patna High Court CR. MISC. No.74767 of 2023(3) dt.04-01-2024 2/3

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injury on head at several places. It is further alleged that petitioner no. 2 assaulted Ramjeet Ram upon his head and hand by means of farsa as a result of which he sustained injury.

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Learned counsel for the petitioner submits that petitioner no. 1 is merely the order giver and there is no specific overt-act attributed against him. He further submits that petitioner no. 2 is said to have assaulted Ramjeet Ram who sustained only one injury on head and there is no allegation of repeated blow upon the head of victim against the petitioner no. 2. He further submits that petitioners are not the assailants of Balister Ram who succumbed to injuries rather the allegation of assaulting the deceased is against co-accused Rudal Ram. In the light of the aforesaid submission, no offence is made out against the petitioners under Section 302 and 307 of the I.P.C. Petitioner no. 1 is in custody since 11.06.2023 and petitioner no. 2 is in custody since 24.06.2023 and they bear no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.

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The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is

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Patna High Court CR. MISC. No.74767 of 2023(3) dt.04-01-2024 3/3

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no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Kateya P.S. Case No. 108 of 2023, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) 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.

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(Alok Kumar Pandey, J)

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alok/-

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U T

Laxmi Ram v. The State of Bihar

Case brief

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Laxmi Ram v. The State of Bihar

Case brief

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