Vilash Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.13036 of 2016 (3) dt.09-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13036 of 2016 Arising Out of PS.Case No. -149 Year- 2015 Thana -SARAI District- VAISHALI(HAJIPUR) ======================================================

1. Vilash Ram Son of Late Sauki Ram, resident of Village:- Shambhopur, P.S.- Sarai, District- Vaishali..... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Mr. Sangita Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-05-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Sarai P.S. Case No. 149 of 2015 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

The petitioner and other co-accused are named in the first information report with allegation that on the alleged date of occurrence they took away the deceased from his house and in the next morning the dead body of the deceased was found on the railway track.

Submission is of false implication and that other coaccused Jawahir Ram and Shatrughan Ram with similar allegation have been allowed bail by another co-ordinate Bench of this Court and the petitioner is suffering in custody since 04.09.2015, chargesheet has already been submitted and there is no chance of

Patna High Court Cr.Misc. No.13036 of 2016 (3) dt.09-05-2016 tampering with the prosecution evidence.

Learned APP submits that the petitioner is named in the first information report.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Vaishali at Hajipur in connection with Sarai P.S. Case No. 149 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T