Rama Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16994 of 2018 Arising Out of PS.Case No. -402 Year- 2015 Thana -WAJIRGANJ District- GAYA ====================================================== Rama Rajbanshi S/o Anchhu Rajbanshi Resident of Village- Baliyari, P.S. Wazirganj, District Gaya .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-05-2018 Heard counsel for the petitioner and learned APP for the State Petitioner is an accused in a case registered for offence under sections 302, 201/34 IPC.

Learned counsel for the petitioner submits that the FIR discloses that the petitioner had called the husband of the informant and asked him to accompany them. He submits that neither there is any allegation of forcibly taking away the deceased nor there is eye witness to the occurrence and on basis of the suspicion he has been implicated in this case. There is no allegation that there was prior enmity or hostility with the victim. Petitioner is in custody in connection with the instant case since 25.7.2017. Prior to the lodging of this case, he is accused in one other case mentioned in paragraph 3 of the bail application, in which he is already on bail.

Patna High Court Cr.Misc. No.16994 of 2018 (3) dt.03-05-2018 Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II, Gaya in Wazirganj Police Station Case No. 402/2015/Sessions Trial No. 74/2017, 540/2017 on the following conditions:- One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and The Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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