Bhadai Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22472 of 2019 Arising Out of PS. Case No.-132 Year-2014 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Bhadai Ram Son of Late Suraj Ram Resident of Village - Bhagwanpur, P.S.- Sahebganj, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 302 of the Indian Penal Code.

The prosecution case in brief is that an scuffle took place in between the informant's husband and accused persons in retaliation of preventing the accused persons to abuse and in consequence thereof, informant's husband was found dead by pressing neck.

Earlier prayer for bail of the petitioner was rejected with an observation "at this stage" vide order dated 25-05-2015 passed in Cr. Misc. No. 11226 of 2015. This is the second attempt of the petitioner seeking grant of bail.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.22472 of 2019(7) dt.20-08-2019 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 18-09-2014. Charge sheet has already been submitted. There is no eye witness to the alleged occurrence. The name of the petitioner has come in this case merely on the basis of suspicion. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no chance of the trial being concluded in near future.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II, Muzaffaarpur in connection with Sessions Trial No. 908 of 2014 arising out of Sahebganj P.S. Case No. 132 of 2014.

(Sudhir Singh, J) A.K.V.//- U T