Vinod Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38471 of 2023 Arising Out of PS. Case No.-745 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== VINOD RAM S/O LATE SUKHAL RAM R/O Village- Parsha Khojwa Tola, P.S- Majhauliya, Distt.- West Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-07-2023 Heard learned counsel appearing on behalf of the parties.
2.
The petitioner seeks bail in connection with Majhauliya P.S. Case No. 745 of 2020 registered for the offence under Sections 302, 328 and 34 of the Indian Penal Code. 3.
The accused/petitioner is named in the F.I.R. and is in custody since 15.04.2022.
4.
The allegation against the petitioner is to commit murder of son of informant, along with other coaccused persons, by administering some poisonous substance/spurious liquor, where after consumption, son of informant died on very next day of occurrence, where, occurrence is arises out of unsecured loan of Rs. 50,000/- given by the deceased on the occasion of marriage of daughter of
Patna High Court CR. MISC. No.38471 of 2023(2) dt.19-07-2023 2/3 petitioner.
5.
Learned counsel appearing on behalf of the petitioner submitted that son of informant is habitual drinker and out of consumption of spurious liquor, he died. It is submitted that alleged loan of Rs. 50,000/- to petitioner is without any basis and just to aggravate the allegation. It is further pointed out that as per forensic report of preserved viscera no metallic alkaloid spurious liquor/poison was detected, negating the allegation, prima facie, as raised through present FIR. It is submitted that allegation against this petitioner is very much general and omnibus. While concluding the argument, it is submitted that investigation of this case is completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
6.
Learned APP appearing on behalf of the State, opposes the prayer of bail.
7.
Considering the facts and circumstances as mentioned above, as no metallic alkaloid, spurious liquor/poison detected in preserved viscera, in the background of suspicion, as raised through present FIR coupled with the fact that chargesheet has already submitted, where, petitioner is in custody since 15.04.2022, let the petitioner, above named, is directed to
Patna High Court CR. MISC. No.38471 of 2023(2) dt.19-07-2023 3/3 be released on bail in connection with Majhauliya P.S. Case No. 745 of 2020, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge-IIIrd, Bettiah, West Champaran/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T