Gulab Chandra Ram @ Gulab Chand Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.15494 of 2016 (3) dt.20-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15494 of 2016 Arising Out of PS.Case No. -126 Year- 2013 Thana -JANKINAGAR District- PURNIA ======================================================

1. Gulab Chandra Ram @ Gulab Chand Ram Son of Late Khesari Ram, Resident of Village - Dhamdaha Uttar, Police Station - Dhamdaha in the district of Purnia. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Rajendra Singh Shastri(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-05-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Jankinagar P.S. Case No. 126 of 2013 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. This case has been registered on the basis of complaint petition wherein it is alleged that Manoj Sah was killed by the petitioner and co-accused Soniya Devi the wife of Manoj Sah as the petitioner was having love affairs with Soniya Devi. Submission is of false implication and that there is no legal and tangible material against the petitioner, in the complaint petition itself it is stated that the deceased was habitual drinker, during investigation no eye witness has come forward and only on suspicion chargesheet has been submitted against the petitioner

Patna High Court Cr.Misc. No.15494 of 2016 (3) dt.20-05-2016 also, resulting, the petitioner is suffering in custody since 19.10.2013, there is no chance of tampering with prosecution evidence and in near future the trial is not likely to be concluded. Learned APP fairly submits that there is no direct evidence.

In the facts and circumstances stated above, considering the detention of the petitioner and further that there is no chance of tampering with prosecution evidence, 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 Additional Sessions Judge VIII, Purnea in S. T. No. 580 of 2014 arising out of Jankinagar P.S. Case No. 126 of 2013, 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