Manoj Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.5378 of 2017 (2) dt.15-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5378 of 2017 Arising Out of PS.Case No. -82 Year- 2015 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ====================================================== Manoj Ram, Son of Late Bideshi Ram, Resident of Village- Rampur, Police Station- Bhabua, District- Kaimur (Bhabua)..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Pathak For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 18.04.2016 passed in Cr. Misc. No. 6847 of 2016, on the ground that Ganesh Kumar Maruya who has claimed to identify the petitioner taking away Amit Kumar (victim) has been examined as PW 1 during trial and he has stated that Dinesh was taking away the victim by wrapping in scarp and as such the petitioner appears to be falsely implicated and further the statement of co-accused Chandra Tara Kunwar has got no evidentiary value in the eye of law. The petitioner is suffering in custody since 23.09.2015 and as such now he deserves sympathetic consideration.

Learned APP submits that now Ganesh Kumar Maruya is

Patna High Court Cr.Misc. No.5378 of 2017 (2) dt.15-02-2017 retracting from his earlier version but Chandra Tara Kumar confessing his guilt has stated the name of the petitioner and from possession of Chandra Tara Kunwar the victim boy was recovered.

In the facts and circumstances stated above, considering the statement of Ganesh Kumar Maruya as PW 1, 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 6th Additional Sessions Judge, Kaimur at Bhabhua in Sessions Trial No. 284/330/445 of 2015/287 of 2016 arising out of Bhagwanpur (Belaw) P.S. Case No. 82 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