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Patna High CourtCR. MISC./11205/2016rejected

Jai Narayan Ram @ Jagnarayan Ram v. The State Of Bihar

2016-07-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11205 of 2016 Arising Out of PS.Case No. -116 Year- 2015 Thana -BAUNSI District- ARRARIA ====================================================== Jai Narayan Ram @ Jagnarayan Ram S/o Late Kishori Ram Resident of Village- Bhawani Nagar, Bousi, P.S.- Bausi, District- Araria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Naushad Uzzoha, Advocate For the Opposite Party/s : Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-07-2016 The certified copy of the First Information Report of Bousi P.S. Case No. 116 of 2015 is filed on behalf of the petitioner in course of the day. Let it be kept on record. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bousi P.S. Case No. 116 of 2015, disclosing offence under Section 302/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted, referring to the First Information Report, that the petitioner has been implicated in this case merely on the basis of suspicion, which has no apparent foundation. He has submitted that even in course of investigation, no material could be collected showing petitioner's implication in the death of the deceased. Learned Additional Public Prosecutor, appearing on

Patna High Court Cr.Misc. No.11205 of 2016 (4) dt.11-07-2016 2/2 behalf of the State, referring to paragraph-11 of the case diary, has submitted that the petitioner was seen fleeing away from the place of occurrence.

I have perused paragraph-11 of the said case diary. I do not find any material to substantiate the allegation of petitioner's involvement in killing of the deceased. Considering the above submission, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Araria, in connection with Bousi P.S. Case No. 116 of 2015, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ajaypd./- U T