Subhash Ram @ Baunna Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1737 of 2020 Arising Out of PS. Case No.-176 Year-2019 Thana- BYPASS District- Patna ====================================================== Subhash Ram @ Baunna Ram Son of Dhiraj Ram @ Bhira Ram Resident of Village - Kansara, P.S.- Masaudhi, Distt.- Patna. .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner in connection with By-pass P.S. Case no. 176 of 2019 registered for the offence punishable under section 302 of the Indian Penal Code.

As per allegation in the FIR, the petitioner who happens to be the cousin 'Devar' of the informant came in her house and thereafter both the petitioner as also the husband of the informant proceeded to godown. It is stated that the next morning she heard that her husband had been stabbed. She states that she is convinced that it was the petitioner who had a hand in the stabbing of her husband.

It is submitted by learned counsel for the petitioner that the petitioner and the husband of the informant happen to be first cousin brother. As a result of assault/attack by stranger, both the husband of the informant as also this

Patna High Court CR. MISC. No.1737 of 2020(3) dt.20-03-2020 2/2 petitioner were injured. It is further submitted that from the discharge ticket of the Patna Medical College Hospital brought on record as Annexure 3 to the petition it would transpire that the petitioner was admitted in the PMCH on 9.7.2019 due to physical assault caused at 9 p.m on 8.7.2019 which is mentioned on page 2 of the said discharge Ticket of the PMCH. It is further submitted that besides the unfounded suspicion raised by the informant, there is no material against him. The petitioner is in custody since 9.7.2019 and has no criminal antecedent.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above especially that at best it is a case of suspicion having been raised by the informant and the petitioner being in custody for more than 8 months, this Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail in connection with By-pass P.S. Case no. 176 of 2019 on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Patna City.