Bishundeo Ram @ Vishnudev Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1843 of 2019 Arising Out of PS. Case No.-155 Year-2017 Thana- PIYAR District- Muzaffarpur ====================================================== Bishundeo Ram @ Vishnudev Ram, S/o Sahdeo Ram, R/o VillageRatanmania Pirapur, P.S.-Piar, District-Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Respondent/s :
Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Piar P.S. Case No.155 of 2017 for the offences punishable under Sections 364, 302 and 120B read with 34 of the Indian Penal Code.
It is contended by the learned counsel for the petitioner that though the petitioner along with five others have been named in the first information report with allegation that they strangulated the mother of the informant to death, in course of investigation, it transpired that the informant and others killed the deceased Satiya Devi and in order to save their own skin, the petitioner and others have been roped in the present case. It is
Patna High Court Cr.Misc. No.1843 of 2019(2) dt.15-01-2019 2/3 further contended that co-accused Manjesh Ram having identical allegation to that of the petitioner has already been granted pre-arrest bail vide order dated 12.12.2018 passed in Cr. Misc. No.42108 of 2018 by a Bench of this Court after going through the case diary and while granting bail to him, the court has considered that independent witnesses in paragraph nos. 29, 30, 31 and 33 of the case diary have stated that the informant and others have killed the deceased. He contended that the case of the petitioner stands on identical footing to that of Manjesh Ram.
Per contra, learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioner. However, he admitted that the allegation against the petitioner is identical to that of co-accused Manjesh Ram, who has already been granted pre-arrest bail by a Bench of this Court. In view of the submissions made above, in the event of arrest or surrender in the court below, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Piar P.S. Case No.155 of 2017 subject to the conditions as laid down under
Patna High Court Cr.Misc. No.1843 of 2019(2) dt.15-01-2019 3/3 Section 438(2) of the Code of Criminal Procedure. Sanjeet/- (Ashwani Kumar Singh, J.) U T