Chandravansh Ram @ Tappu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 698 of 2015 Arising out of P. S. Case No. - 53 Year - 2014 Thana - CHENARI District - SASARAM (ROHTAS) ======================================================
1. Chandravansh Ram @ Tappu, S/o Rajendra Ram, resident of Village - Kawadih Samhuta, P.S. Kargahar, District - Rohtas .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Sri Krishna Prasad Singh, Sr. Advocate For the State : Mr. Murlidhar, A.P.P. For the Informant : Dr. Bipin Chandra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-01-2015 Heard learned counsel for the petitioner, the State as well as learned counsel for the Informant. The petitioner seeks regular bail in Chenari P.S. Case No. 53 of 2014 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code. On the recovery of the dead body, present case was lodged against unknown.
The learned counsel for the petitioner submits that there is no evidence against the petitioner. The sister of the deceased disclosed that he was coming to village along with Mantu Kumar and Chandravansh Ram @ Tappu except this fact there is no eye-witness of the occurrence and the police has not collected any evidence to show that the petitioner was in any way involved in the
Patna High Court Cr.Misc. No.698 of 2015 (3) dt.22-01-2015 murder of the deceased Mukesh Kumar.
On the other hand, learned counsel for the informant as well as the learned Additional Public Prosecutor referred paragraph 47 of the case diary and disclosed that the petitioner was using the SIM of Awadhesh Ram on his own mobile and he had also talk with the deceased. The mobile location of the petitioner was found near Dalmiyanagar, Sasaram, Malhipur Chenari and Khumabad. It is stated that the petitioner was using the SIM of Awadhesh Ram but the statement of Awadhesh Ram has not been recorded. On perusal of the record, it appears that petitioner is not named in the First Information Report and, except suspicion, the police did not collect any tangible evidence. Firstly, the sister of the deceased disclosed that her brother-deceased informed her that he was coming along with Mantu Kumar and Chandravansh Ram @ Tappu. The Investigating Officer tried to collect evidence on the basis of the location of the mobile.
Considering the facts aforesaid, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial
Patna High Court Cr.Misc. No.698 of 2015 (3) dt.22-01-2015 Magistrate 1st Class, Sasaram (Rohtas) in connection with Chenari P.S. Case No. 53 of 2014.
Kundan/- (Prabhat Kumar Jha, J.) U T