Daya Shankar Ram @ Dhuran Ram @ Dhuran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32421 of 2016 Arising Out of PS.Case No. -62 Year- 2015 Thana -RAJPUR District- BUXAR ======================================================

1. Daya Shankar Ram @ Dhuran Ram @ Dhuran, Son of: Kanhaiya Ram, Resident of Village: Rajapur, P.S. Rajpur, District: Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Rai Sharma For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-09-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Section 302/34 of the Indian Penal Code, 27 of Arms Act and 3(2)(V) of SC/ST Act.

The prosecution case, in brief, is that on 1.4.2015 in the morning the informant went to harvest the wheat in the field at about 7 A.M. He got rumor that a dead body was lying in the Barrage of Sonapa near Chana Bridge. He reached at the place of occurrence with the villagers and saw that a dead body was lying and he identified it as his son and fire arm injury was seen on his right eye and his head.

It is submitted on behalf of the petitioner that the petitioner is in custody since 20.2.2016. Charge sheet has been

Patna High Court Cr.Misc. No.32421 of 2016 (3) dt.16-09-2016 2/2 submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the FIR. In course of investigation the petitioner is said to be the last seen with the deceased. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioner in the present case. After investigation charge sheet has not been submitted under SC/ST Act.

On behalf of the Sate it is submitted that the petitioner is named in the FIR.

Having considered the facts and circumstances of the case, let, above named petitioner, 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 Sri R.N.S. Pandey,A.D.J. 1st ,Buxar in connection with Rajpur P.S.Case No. 62 of 2015 (S.Tr. No. 133 of 2016).

(Sudhir Singh, J) singh/- U T