Hira Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2926 of 2019 Arising Out of PS. Case No.-112 Year-2013 Thana- MADHAURAH District- Saran ====================================================== Hira Ram Bharat Ram Resident of Village- Patti Pacharuar, P.S.- Taraiya, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody (In Cr. Misc. No. 2926 of 2019), seeks bail in connection with Marhawrah P.S. Case No. 112 of 2013 (Corresponding to S.Tr. No. 151 of 2014), registered for the offence punishable under Sections 302, 379 and 201/34 of the Indian Penal Code Informant has alleged in the FIR that his cousin brother went to sell sand with his tractor but thereafter he did not return. Thereafter dead body of his cousin brother was found lying by cutting his neck.

It has been submitted on behalf of the petitioner that petitioner is not named in the FIR. His name has surfaced in this case on the basis of confessional statement of co-accused Nidhi

Patna High Court CR. MISC. No.2926 of 2019(5) dt.28-02-2019 2/3 Mahto who has already been granted bail as contained in Annexure-P-2. Other co-accused have also been granted bail as contained in Annexure-P-3 series. Petitioner is in custody since 06.05.2013.

Considering the aforesaid facts and circumstances of the case, let petitioner (in Cr. Misc. 2926 of 2019) named above be released on bail upon 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 8th, Saran at Chapra, in connection with Marhawrah P.S. Case No. 112 of 2013 (Corresponding to S.Tr. No. 151 of 2014) subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

Patna High Court CR. MISC. No.2926 of 2019(5) dt.28-02-2019 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T