Sudhir Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20519 of 2018 Arising Out of PS.Case No. -67 Year- 2016 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Sudhir Ram, Son of Bishnu Ram, Resident of Village-Gonawan, P.S.- Harnaut, District-Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-05-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 21.03.2017 in connection with Sessions Trial No.470 of 2017, arising out of Harnaut P.S. Case No.67 of 2016, registered for the offence under Sections 341, 327, 307, 504/34 of the Indian Penal Code. Subsequently, Section 302 I.P.C. was added.

Learned counsel appearing on behalf of the petitioner submits that the allegation of having pushed the deceased is general and omnibus against the father as well as two brothers, which also include the present petitioner. It is further submitted that the petitioner has already been in custody for over a year and has no criminal antecedents.

Patna High Court Cr.Misc. No.20519 of 2018 (4) dt.07-05-2018 2/3 Diary in the present case was called for, which has since been received.

After hearing the learned counsel for the petitioner and the learned counsel for the State, it appears that the informant is not an eye-witness in the case and that the case was registered at the instance of other person, who has alleged to have seen the occurrence.

However, considering the fact that the co-accused Dharmveer Ram has since been extended the privilege of bail in Cr.Misc. No.40369 of 2017, vide order dated 22.11.2017, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Nalanda at Biharsharif, in connection with Sessions Trial No.470 of 2017, arising out of Harnaut P.S. Case No.67 of 2016, subject to the following conditions :

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

Patna High Court Cr.Misc. No.20519 of 2018 (4) dt.07-05-2018 3/3

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4)The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T