Manoj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67910 of 2018 Arising Out of PS. Case No.-235 Year-2017 Thana- ARWAL District- Jehanabad ====================================================== Manoj Ram Son of Surendra Ram Resident of Village-Malhipatti,P.S. Arwal,Distt.-Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jogendra Kumar For the Opposite Party/s :

Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-11-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Arwal P.S. Case No. 235 of 2017 registered for the offence punishable under Sections 341, 323, 504, 506 and 307 of the Indian Penal Code and subsequently Section 302 was added.

Informant in his fardbeyan has stated that due to some quarrel with co-villager Lotan Ram and Pachiya Devi, he stabbed them with knife, and fled away. On the same day when he returned to his house at about 7 O' Clock then petitioner alongwith Birju Ram and Manoj Ram caught him and assaulted him with fists, slaps and Danda and administered some intoxicating material in his mouth. In the meantime village Choukidar reached there and saved him.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.67910 of 2018(2) dt.28-11-2018 2/2 he is innocent and has been falsely implicated in this case. It has been further submitted that Informant had died due to Asphyxia as opined by the Doctor. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 01.11.2018 in Criminal Miscellaneous No. 58940 of 2018. Petitioner has got no criminal antecedent and is in custody since 08.06.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal, in connection with Arwal P.S. Case No. 235 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U