Chaturi Ram @ Chaturi Bhar @ Rama Shish Bhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17811 of 2017 Arising Out of PS.Case No. -382 Year- 2016 Thana -BUXAR District- BUXAR ======================================================

1. Chaturi Ram @ Chaturi Bhar @ Rama Shish Bhar, S/o Shankar Bhar, resident of Village- Kukudha, P.S. Itarhi, District Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Buxar Town P.S Case No. 382 of 2016 registered for the offences punishable under Sections 326, 302, 406/34 of the Indian Penal Code and Section 27 of Arms Act.

The petitioner is not named in the First Information Report but during investigation the name of the petitioner transpired in the confessional statement of co-accused Santosh Paswan and further the petitioner has also confessed his guilt. Submission is of false implication and that without any legal and tangible material the petitioner has been apprehended, the confession of the petitioner is under pressure, in

Patna High Court Cr.Misc. No.17811 of 2017 (3) dt.23-05-2017 2/2 this case Vikash Verma who earlier confessed his guilt and Santosh Paswan who stated the name of the petitioner have already been allowed bail by different benches of this court and, as such, the petitioner deserves sympathetic consideration. Learned A.P.P. fairly submits that Santosh Paswan has been allowed bail by co-ordinate bench of this court. In the facts and circumstances stated above, the petitioner is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Buxar Town P.S. Case No.

382 of 2016, 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.) Rajiv/- U T