Mithu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47502 of 2015 Arising Out of PS.Case No. -82 Year- 2014 Thana -BRAHMPURA District- MUZAFFARPUR ======================================================
1. Mithu Ram, son of Shivjee Ram, Resident of Village- Nilkhant Chawak, P.S.- Brahampura, District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Chandra For the Opposite Party/s : Mr. Yogendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-12-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.
The petitioner seeks bail in a case for the offences punishable under section 302/34 of the I.P.C and section 27 of the Arms Act.
Allegedly, Md. Islam @ Akash Raj, the son of the informant, was shot by 3-4 unknown miscreants near Lakshmi chauk market, Mai Asthan in front of Bhola Betel shop and then the informant went there and brought her son for treatment at S.K.M.C.H. Muzafarpur where the doctor declared his son dead. Four empty cartridges were also recovered at the place of occurrence. During investigation on the basis of the information furnished by the spy the name of the petitioner transpired and
Patna High Court Cr.Misc. No.47502 of 2015 (4) dt.11-12-2015 2/3 thereafter the petitioner was remanded in this case and he confessed his guilt also.
Submission is of false implication and that there is no eye witness of the occurrence who can say regarding the involvement of the petitioner in the crime. The alleged confessional statement recorded by the police under pressure has got no evidentiary value in the eye of law. Without any cogent and legal material charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and the petitioner is suffering in custody since 08.04.2015. The learned A.P.P. opposes prayer for bail.
In the facts and circumstances as stated above, considering that there is no direct evidence against the petitioner, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and as such the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Muzaffarpur in Brahampura P.S. Case No. 82 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each
Patna High Court Cr.Misc. No.47502 of 2015 (4) dt.11-12-2015 3/3 and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) Abhay/- U T