Dipu Kumar @ Dipu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6564 of 2019 Arising Out of PS. Case No.-87 Year-2018 Thana- SULTANGANJ District- Patna ====================================================== Dipu Kumar @ Dipu Ram, (M), aged about 22 years, Son of- Manoj Ram Resident of Mohalla-Gara Bazar Pani Tanki, P.S. Danapur, District, Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindeshwar Prasad Singh For the Opposite Party/s :

Mr. Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Sultanganj P.S. Case No. 87 of 2018 registered for the offence punishable under Sections 364 of the I.P.C. and later on Sections 302, 201, 120B, 34 of the Indian Penal Code were added.

Informant has alleged in the FIR that on 17.04.2018 at about 10.30 p.m., his elder brother Babllo Ram had gone to Maheshwari Plaza, Rampur but he did not return till 12.00 noon. On confession made by co-accused, Munna Ram dead body of his brother was recovered.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion only. It has been submitted that name of the petitioner

Patna High Court Cr.Misc. No.6564 of 2019(2) dt.13-02-2019 2/3 has surfaced in this case on the confessional statement made by the co-accused Munna Ram and except said confessional statement, there is no any other incriminating material against the petitioner. Petitioner has got no criminal antecedent and is in custody since 09.05.2018. Similarly, situated co-accused persons have been granted bail by this Court as contained in Annexure II.

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.C.J.M., VI, Patnacity, Patna in connection with Sultanganj P.S. Case No. 87 of 2018, 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 evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.6564 of 2019(2) dt.13-02-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

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