Ramnath Rai @ Ram Babu Rai @ Ram Nath Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25365 of 2020 Arising Out of PS. Case No.-296 Year-2015 Thana- LALGANJ District- Vaishali ====================================================== RAMNATH RAI @ RAM BABU RAI @ RAM NATH RAY, Son of Mahendra Rai @ Mahendra Ray, R/o Village - Yusufpur, P.S. - Lalganj, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-09-2020 The matter has been taken up through virtual Court proceeding.

Let the defect, if any, be removed within fifteen days of the start of the physical Court.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 379/34 of the Indian Penal Code.

Submission is that the informant is not an eyewitness of the occurrence, rather the FIR reveals that he got information regarding involvement of the petitioner in the statement of his brother, who is deceased of this case. Moreover, the FIR was lodged after twenty-one days of the alleged occurrence. Other witnesses before the police have simply doubted the involvement

Patna High Court CR. MISC. No.25365 of 2020(2) dt.29-09-2020 2/2 of the petitioner in the occurrence. The learned court below refused the prayer for bail only for the reason that the case was still under investigation. Now investigation of the case is complete against the petitioner. Petitioner has got no criminal antecedent nor there is any material to substantiate that the petitioner is going to tamper with the evidence.

Considering the submission aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Lalganj Police Station Case No. 296 of 2015, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T