Madan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36352 of 2018 Arising Out of PS. Case No.-210 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Madan Ram Son of Rajkumar Ram, resident of Village- Jigna Jagarnath, P.S. Mirganj, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar For the Opposite Party/s :

Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Siwan Mufassil P.S. Case No. 210 of 2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act. Informant is the Chaukidar who has given a written complaint on 23.04.2018 at about 5.00 AM that a dead body of unknown person was lying near Bus Stand, who was shot dead by unknown persons. During investigation police arrested three persons and on their confession the articles of deceased person was recovered. The allegation against petitioner is of recovery of one mobile which was used by Subhash Prasad and which

Patna High Court Cr.Misc. No.36352 of 2018(3) dt.18-08-2018 2/2 was stolen on 23.04.2018 itself, except said recovery of stolen mobile of Subhash Prasad from the possession of petitioner, there is no other incriminating material against the petitioner to implicate him in the alleged crime.

It has been submitted on behalf of the petitioner that petitioner has been falsely implicated in this case and there is no evidence or material to connect petitioner with the alleged crime of murder. Petitioner has no criminal antecedent and he is in custody since 02.05.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Siwan Mufassil P.S. Case No. 210 of 2018.

(S. Kumar, J) veena/- U T