Shailendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78630 of 2018 Arising Out of PS. Case No.-121 Year-2014 Thana- PALIGANJ District- Patna ====================================================== Shailendra Ram son of Late Nanhuk Ram @ Nanhaku Ram, Resident of Village- Akbarpur, P.S.- Paliganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Singh For the Opposite Party/s :

Mr.Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Paliganj P.S. Case No. 121 of 2014 registered for the offence punishable under Section 302/34 of the Indian Penal Code.

Petitioner has earlier moved this Court for anticipatory bail vide Criminal Miscellaneous No. 42833 of 2018 which was rejected on 09.08.2018.

Informant has alleged that on 29.05.2014 at about 2.00 PM when his father had gone outside the house with Gopi Bind, Shailendra Ram (petitioner) and Manoj Ram but he did not return in the night. On next day in the morning at 5.30 AM

Patna High Court Cr.Misc. No.78630 of 2018(3) dt.07-02-2019 2/3 on hulla, he knew that his father's dead body was lying adjacent Peepal tree near Lakhanipur More. He went there and found his father's dead body in pool of blood. It is alleged that all the three above named accused persons had murdered his father. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on the basis of suspicion. There is no eye witness of the occurrence. It has been further submitted that similarly placed co-accused, namely Manoj Ram has been granted anticipatory bail by this Hon'ble Court vide order dated 21.12.2018 passed in Cr. Misc. No. 75725 of 2018. Petitioner has no criminal antecedent and he is in custody since 25.08.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Danapur, Patna, in connection with Paliganj P.S. Case No. 121 of 2014 subject to the conditions that:-

(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 properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient

Patna High Court Cr.Misc. No.78630 of 2018(3) dt.07-02-2019 3/3 reason the trial court will be at liberty to cancel his bail bond.

(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) veena/- U T