Ram Babu Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.3774 of 2016 (2) dt.09-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3774 of 2016 Arising Out of PS.Case No. -145 Year- 2014 Thana -PHULPARAS District- MADHUBANI ======================================================

1. Ram Babu Sah S/o Dashrath Sah R/o Village - Hariraha, P.S. Andharmath, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody since 11.09.2014 in connection with Phulparas P.S. Case No. 145 of 2014, registered for offences punishable under Section 302 and 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that though the petitioner is named in the FIR, an omnibus allegation has been made regarding firing by all the persons so named in the FIR. It is further submitted that keeping in view the narration and the allegation in the FIR the cause of death can not squarely be attributed to the firing having been caused by the present petitioner. It is further submitted that the petitioner has been in

Patna High Court Cr.Misc. No.3774 of 2016 (2) dt.09-02-2016 custody since 11.09.2014 and save and except the allegation as described in the FIR by the informant there is no further incriminating material.

Considering the aforementioned facts and circumstances and also that the petitioner is languishing in jail custody since 11.09.2014, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jjhanjharpur in connection with Phulparas P.S. Case No. 145 of 2014.

(Anjana Mishra, J) siddharth/- U T