Munilal Ram @ Mama @ Munni Lal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42192 of 2019 Arising Out of PS. Case No.-56 Year-2017 Thana- JANDAHA District- Vaishali ====================================================== Munilal Ram @ Mama @ Munni Lal Ram, aged about 34 years, Son of Ramdev Ram Resident of Village - Dih Buchauli, P.S.- Jandaha, Dist.- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nityanand-Advocate For the Opposite Party :

Mr. Shyam Kumar Singh-A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned counsel for the State and learned counsel for the informant. The petitioner seeks bail in connection with Jandaha P. S. Case No.56 of 2017 registered under Sections 302, 326, 34 of the Indian Penal Code.

It is contended by the learned counsel for the petitioner that in the instant case apart from the petitioner, his other family members were also made named accused with common allegations that they all opened fire causing injury to one Bindeshwar Ram as a result of which, he died. However, the other co-accused persons namely, Ram Dev Ram, Dhanmanti Devi and Meena Devi have already been granted bail by different Benches of this court vide orders passed in Cr. Misc.

Patna High Court CR. MISC. No.42192 of 2019(5) dt.20-11-2019 2/3 No.31648 of 2017, 43802 of 2017 and 64564 of 2018. The case of the petitioner stands on identical footing. On the other hand, learned counsel appearing for the informant submitted that the petitioner has criminal antecedent and he is veteran criminal of the locality. His case cannot be treated at par with the other accused persons, who have been granted bail as two of them are ladies whereas the third one is an old aged man being father of the petitioner. Having considered the rival submissions, the petitioner, who is in custody since 23.11.2018, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Jandaha P. S. Case No.56 of 2017, subject to the following conditions:- (a) The petitioners shall not influence the witnesses or tamper with any document;

(b) The petitioner shall not leave the limits of India without prior permission of the trial court.

(c) The petitioners shall not directly or indirectly make any inducement, threat or promise

Patna High Court CR. MISC. No.42192 of 2019(5) dt.20-11-2019 3/3 to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;

(d) The petitioners shall not do any act prejudicial to the interest of the prosecution; (e) The petitioners shall receive the police report and other documents in terms of Section 207 of the Code of Criminal Procedure as and when the same is supplied to him by the Court; (f) The petitioners shall abide by the above conditions scrupulously and in case of violation of any of the conditions, the prosecution would be at liberty to move this Court for cancellation of bail.

(g) One of the sureties must be a Government servant/elected people's representative of Panchayat/ Municipality; and the other one shall be a close relative.

(Ashwani Kumar Singh, J) Vikash/- U T