Janardhan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42003 of 2021 Arising Out of PS. Case No.-261 Year-2021 Thana- SIWAN MUFFASIL District- Siwan ====================================================== JANARDHAN RAM S/O LATE RAMCHANDRA RAM R/o village- Orma, P.S.- Muffassil Siwan, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Siwan Mufasil P.S. Case No. 261 of 2021 registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.

Briefly stated facts of the prosecution case is that on 07.06.2021 petitioner and others are alleged to have committed the murder of husband of the informant by assaulting him with lathi and danda and fled away.

Learned counsel for the petitioner submits that petitioner is in custody since 09.06.2021 and bears no criminal

Patna High Court CR. MISC. No.42003 of 2021(3) dt.20-06-2022 2/3 antecedent. Petitioner is innocent and has committed no offence and has been falsely implicated in the present case due to land dispute. He further submits that there is no specific allegation against anyone rather there is general and omnibus allegation and the postmortem report of deceased has also not supported the cause of death as alleged in the FIR as the death was on account of medical cause. He further submits that prosecution story is false and it has been fabricated due to land dispute. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody and keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Mufasil P.S. Case No. 261 of 2021, subject to following conditions:- (i) One of the bailor shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

Patna High Court CR. MISC. No.42003 of 2021(3) dt.20-06-2022 3/3 (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- U T