Shyam Babu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50703 of 2014 Arising Out of PS.Case No. -177 Year- 2014 Thana -BOCHHA District- MUZAFFARPUR ======================================================

1. Shyam Babu Ram son of Jamun Ram resident of village - Bhagwanpur, Bochha Tole Gharna, Police Station - Bochhan, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kailash Nath Diwakar For the Opposite Party/s : Mr. Anita Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-06-2015 Heard Mr. Singh for the petitioner and Mr. Dayal for the petitioner.

The petitioner seeks bail in Bochaha P.S. Case No. instituted under Sections 448, 504, 323, 342, 302 and 379/34 of the Indian Penal Code.

The informant was allegedly captivated by all the accused persons named in the F.I.R. When the father went to rescue him, it is alleged that all of them assaulted him causing his death.

It is submitted that the petitioner is languishing in custody since 7.6.2014. There is general and omnibus allegation of assault attributed to all the accused persons named in the F.I.R. Counsel produced web copy of the order dated 15.1.2015 passed

Patna High Court Cr.Misc. No.50703 of 2014 (4) dt.22-06-2015 2/2 in Cr. Misc. No. 1670 of 2015 in order to submit that four accused persons similarly placed have since been released on bail by this Court considering the generality of the allegation and the findings of the doctor in the post mortem report showing only one injury on skull/head.

Taking into account the aforesaid fact, the petitioner abovenamed 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 Smt. Mausmi Singh, Judicial Magistrate, 1st Class, Muzaffarpur in Bochaha P.S. Case No. 177 of 2014 subject to the condition that one of the bailers shall be the own/close family members of the petitioner.

(Kishore Kumar Mandal, J) Pankaj/- U T