Lal Babu Ram @ Lala Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54003 of 2015 Arising Out of PS.Case No. -198 Year- 2014 Thana -CHARPOKHARI District- BHOJPUR ======================================================

1. Lal Babu Ram @ Lala Ram Son of Sudarshan Ram Resident of Village - Man Sagar, P.S. - Charpokhari, District - Bhojpur at Ara (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Madhuranand Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Charpokhari P.S. Case No. 198 of 2014 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. Allegedly, Ranjeet Ram, younger brother of the informant went on the motorcycle of the petitioner at village Mansagar and the petitioner talked with Ramesh Ram younger brother of the informant that Ranjeet Ram has gone to charge the mobile but has not returned and thereafter, again it was informed that Ranjeet Ram has been murdered and his dead body has been thrown in Banas River.

Submission is of false implication and that the petitioner

has been made victim of circumstances, no one has seen the petitioner committing the crime or throwing the dead body, the witness vide paragraph 12 has stated that the brother, father of the petitioner and one another boy resident of village Bagar have committed the crime as there was illicit relation of the deceased with the wife of Krishna Ram and confessional statement of the petitioner has also been recorded wherein also the petitioner has not stated regarding his involvement in the crime and as such the petitioner who is suffering in custody since 21.11.2014 deserves sympathetic consideration as chargesheet has already been submitted and there is no chance of tampering with prosecution evidence.

Learned APP fairly submits that from the statement of witness Shivjee Ram and from the confessional statement it reveals that brother, father of the petitioner and one another boy were involved in committing the murder of Ranjeet Ram. In the facts and circumstances stated above, considering that chargesheet has already been submitted and 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 learned Additional Sessions

Judge IVth, Bhojpur at Ara in Sessions Trial No. 87 of 2015 arising out of Charpokhari P.S. Case No. 198 of 2014, 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