IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39683 of 2021

Arising Out of PS. Case No.-133 Year-2020 Thana- KUTUMBA District- Aurangabad

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RAVINDA RAM S/O LOHARI RAM R/O VILLAGE-SAMDA

IBRAHIMPUR P.S KUTUMBA, DISTRICT-AURANGABAD

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Shailesh Kumar Singh, Advocate

For the Opposite Party/s :

Ms. Pronoti Singh, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

2

24-01-2022

Heard learned counsel for the parties through

video conferencing.

Petitioner seeks regular bail in connection with

Sessions Trial No. 122 of 2021/108 of 2021 arising out of

Kutumba P.S. Case No. 133 of 2020 registered for the

offences under Sections 147 / 148 / 149 / 302 / 506 of the

I.P.C. and Section 3 of the Prevention of Witch Practices

Act, 1991.

As per the First Information Report petitioner

along with other accused persons forming an unlawful

assembly arrived at the house of the informant including co-

accused Uday Ram, Bineet Ram and Sudama Ram. It has

further been alleged that the petitioner killed the father -in-

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law of the informant by means of ‘Tangi’ and ‘Gadasa’

describing him as “Ojha”, who practices witch craft and due

to which one villager Jugal Ram has died.

Learned counsel for the petitioner submits that

petitioner has falsely been implicated in this case and he has

not committed any offence in the manner alleged. Learned

counsel next submits that the informant is not an eye

witness and a large number of persons have assaulted the

father-in-law of the informant on the ground that he was

practicing witch craft in the village. Learned counsel next

submits that similarly situated co-accused Bineet Ram

whose name has specifically been disclosed by the

informant along with Sudama Ram and Uday Ram with the

allegation that they assaulted with “Tangi” and “Gadasa”

has been granted bail by a Co-ordinate Bench of this Court

in Cr. Misc. No. 32838 of 2021 and the petitioner is in

custody since 27/3/2021. Learned counsel next submits that

other co-accused persons have also been granted bail by this

court in Cr. Misc. No. 39249 of 2021 and 37878 of 2021

respectively.

Regards being had to the submissions made by the

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parties and taking into consideration the materials available

on record, the fact that similarly situated co-accused

persons including Bineet Ram having similar allegation

have been granted bail by this court and the petitioner is in

custody since 27-03-2021 having no criminal antecedent, I

am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be

released on regular bail on furnishing bail bond of Rs.

10,000/-(ten thousand) with two sureties of the like amount

each to the satisfaction of learned Additional District &

Sessions Judge XII, Aurangabad, in connection with

Sessions Trial No. 122 of 2021/108 of 2021 arising out

Kutumba P.S. Case No. 133 of 2020 on the following

conditions:-

(i) that the petitioner shall co-

operate int he trial and shall be properly

represented on each and every date fixed by

the court below and shall remain physically

present as directed by the court below and

on his absence on two consecutive dates

without sufficient reason, his bail bond shall

be cancelled by the court below.

(ii) that if the petitioner tampers

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with the evidence or the witnesses, in that

case, prosecution will be at liberty to move

for cancellation of bail.

It is made clear that at the time of furnishing

bail bonds