Bahadur Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27496 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== BAHADUR RAM Son of Bishundeo Ram Resident of Village-Biraili Bazaar, P.S. and Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, Adv.

For the Informant :

Mr. Sharda Nand Mishra, Adv.

Mr. Dhananjay Kumar Gupta, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 30.01.2019 in a case registered for the offences punishable under Sections 302 and 120B/34 of the Indian Penal Code. It is alleged by the informant, Dukhni Devi that her sister's neighbor, Lalita Devi has illicit relationship with one Nago Mehta which was objected by the husband of the informant. On 19.01.2019, at 9.30 P.M., co-accused, Nago

Patna High Court CR. MISC. No.27496 of 2019(5) dt.16-11-2019 2/3 Mehta, the petitioner, Bahadur Ram, co-accused, Vikash Yadav resorted to fire on the husband of the informant which hit on his abdomen, thereafter the victim was taken to hospital, but on the way, succumbed to the injuries.

It is submitted by learned counsel for the petitioner that the thrust of accusation is against, co-accused, Nago Mehta and in post-mortem report only one injury has been found on the body of the victim. Moreover, the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

After going through the case diary, learned APP for the State submits that the petitioner was alleged to have accompanied co-accused, Nago Mehta, the main assailant in the said occurrence and he is named in the FIR. Considering the thrust of accusation against coaccused, Nago Mehta and the investigation already being concluded coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the 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 learned

Patna High Court CR. MISC. No.27496 of 2019(5) dt.16-11-2019 3/3 CJM, Madhepura in connection with Madhepura P.S. Case No. 74 of 2019.

(Dinesh Kumar Singh, J) Ashwini/- U T