Rambachan Ram @ Ram Bachan Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.42653 of 2017 (2) dt.14-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42653 of 2017 Arising Out of PS.Case No. -184 Year- 2017 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================

1. RAMBACHAN RAM @ RAM BACHAN RAI, S/o Late Bhikhari Ram alias Late Bhikhari Rai, resident of Village:- Khabra, P.S.- Sadar, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Kaushik For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Muzaffarpur Sadar P.S.Case No.184 of 2017, G.R.No.1424 of 2017 registered for offences punishable under Sections 341, 323, 354, 379, 448, 504, 506 and 302/34 of the Indian Penal Code. Allegation against the petitioner and other accused persons is of assault to the deceased and during treatment the deceased died.

Submission of the learned counsel for the petitioner is that allegation is general in nature and no specific allegation has been attributed against him. Further, the petitioner has been falsely implicated in this case at the instance of the informant, as the

Patna High Court Cr.Misc. No.42653 of 2017 (2) dt.14-09-2017 petitioner was witness in a Title Suit between the co-accused and the informant. The petitioner is in custody for about four months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Muzaffapur in connection with Muzaffarpur Sadar P.S.Case No.184 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. chn/- (Vinod Kumar Sinha, J) U T