Harihar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5192 of 2019 Arising Out of PS. Case No.-399 Year-2018 Thana- KOILWAR District- Bhojpur ====================================================== HARIHAR RAM, aged about 45 years, Male, Son of Late Mangar Ram, Resident of Village- Chanpura, P.S. Koelwar, District-Bhojpur at Ara. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Manoj Kumar Singh, Advocate.

For the Opposite Party :

Mr.Raj Ballabh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 02.10.2018 in a case for the offence registered under Section 302 of the I.P.C.

The prosecution story, in brief, is that on 01.10.2018 at about 4.00 P.M. in the evening, the petitioner came to the house of the informant and told that his buffalo is ill so he took his father-in-law. The informant and his wife went for cutting the grass in the Banihar and when he came to his house he saw that the head of his father-in-law had been cutting from his body. Therefore, he confident that this petitioner had killed his father-in-law.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.5192 of 2019(3) dt.23-04-2019 2/2 petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no eye witness to the alleged occurrence. The petitioner has been made accused in the present case due to mistake of fact. The informant has filed an application in the learned court below stating that the case has been instituted due to mistake of fact, vide Annexure-2 to the present application. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur, Ara, in connection with Koelwar P.S. Case No. 399 of 2018.

(Sudhir Singh, J) U.K./- U T