Manoj Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1032 of 2019 Arising Out of PS. Case No.-45 Year-2012 Thana- SHYAMPUR BHATHA District- Sheohar ====================================================== Manoj Ram, 30 years male, son of Dahaur Ram Resident of VillageShyampur P.S.-Shyampur Bhatha, Dist.-Sheohar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hans Lal Kumar For the Opposite Party/s :
Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Shyampur Bhatha P.S. Case No. 45/2012 / S.T. No.95/18 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged that the five accused persons including the petitioner have fired in front of the house of the informant and verbal altercation took place and the accused persons threatened the informant of its consequences in two days. It is further alleged that in the night of 29.06.2012 when the father of the informant was returning after attending the marriage, the accused persons including the petitioner besides some unknown committed murder of his father by gun short injury on his head. It has been submitted on behalf of the petitioner that he
Patna High Court Cr.Misc. No.1032 of 2019(2) dt.25-01-2019 2/3 is innocent and has been falsely implicated in this case due to dirty village politics. It has further been submitted that the allegation is general and omnibus in nature and there is no specific allegation of any overt act against the petitioner. Petitioner has no criminal antecedent and he is in custody since 29.10.2018. Similarly placed co-accused persons have already been granted bail by this Court, as contained in Annexure 2 series.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J., 1st, Sheohar in connection with Shyampur Bhatha P.S. Case No. 45/2012 / S.T. No.95/18, with following conditions:- (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 shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the
Patna High Court Cr.Misc. No.1032 of 2019(2) dt.25-01-2019 3/3 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) Sanjay/- U T