Nathu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32281 of 2021 Arising Out of PS. Case No.-230 Year-2019 Thana- SANGRAMPUR District- East Champaran ====================================================== NATHU RAM Son of Late Lal Bahadur Ram Resident of Village- Bariyariya, P.S.- Sangrampur, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-12-2021 Today being Friday, matters are being taken up through virtual mode as per current procedure for hearing. Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with Sangrampur P.S. Case No. 230 of 2019 registered under Sections 147, 148, 149, 323, 324, 354, 379, 302 and 504 of the Indian Penal Code.

The allegation in the F.I.R. is that seven persons

Patna High Court CR. MISC. No.32281 of 2021(2) dt.24-12-2021 2/3 including the petitioner have come to the informant's shop indulged in assault and loot.

At the outset, petitioner's counsel submits that the petitioner has no criminal antecedent. As per prosecution case, specific allegation of assault has been levelled against the coaccused Shyamdeo Ram and Manu Ram. In so far as the petitioner is concerned, he is one against whom general and omnibus allegation of assault has been levelled. In investigation only two injuries have emerged. The submission is that coaccused Shyamdeo has already been allowed bail in Cr. Misc. No. 25494/2020 and one other co-accused has been allowed bail in Cr. Misc. No. 6722/2020. The petitioner has remained in custody now since 19.12.2020 Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Motihari, East Champaran in

Patna High Court CR. MISC. No.32281 of 2021(2) dt.24-12-2021 3/3 Sangrampur P.S. Case No. 230 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U