Krishna Ram @ Krishna Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16234 of 2019 Arising Out of PS. Case No.-125 Year-2018 Thana- LAURIA District- West Champaran ====================================================== Krishna Ram @ Krishna Kumar Ram Son of Sri Nagina Ram Resident of Village - Kailash Nagar, P.S.- Bagaha (Pathkhauli), Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341,323,307,302/34 of the Indian Penal Code.

Informant is not an eye witness of the occurrence, however, FIR reveals that the petitioner and his associates bitterly assaulted to the son of the informant, as a result whereof, he died. During investigation, other witnesses stated that the Barat Party has quarreled and fought, for some dispute arising out of watching the orchestra programme, and in that occurrence, one of the person sustained injury, as a result whereof, he died.

Learned counsel for the informant opposed the

Patna High Court CR. MISC. No.16234 of 2019(4) dt.21-06-2019 2/3 prayer for bail on the ground that Panchnama executed by father of the petitioner would reveal that the father of the petitioner accepted that in the quarrel between the petitioner and deceased, the deceased sustained serious injuries and father of the petitioner took responsibility for expenses of his treatment. He further submits that some other eye witnesses have clearly stated that petitioner and his associates were assailant of the deceased. Petitioner is in custody since 22.12.2018. This Court is not going to disclose its mind on the validity of Panchnama and its attachment with the FIR which may prejudice the trial.

However, considering the entire facts of this case and completion of investigation, in my view, the petitioner, who has got no criminal antecedent, deserves bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Lauriya Police Station Case No.125 of 2018, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at

Patna High Court CR. MISC. No.16234 of 2019(4) dt.21-06-2019 3/3 liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T