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Patna High Court/37066/2020bail granted

Ram Vinay Sah v. The State Of Bihar

2021-04-17Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37066 of 2020 Arising Out of PS. Case No.-199 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== RAM VINAY SAH, aged 34 years, Male, Son of Nand Lal Sah, Resident of Village- Hira Pakar, P.S.- Manuapul, District- West Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Abhay Kumar Singh, Advocate.

For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-04-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 302 and 201/34 of the I.P.C.

The prosecution story, in brief, is that on 04.05.2020 at about 6.00 O'clock, the husband of the informant after receiving several calls on his Mobile Phone went out side of his house by saying to his wife that he is going to his villager Ram Vinay Sah but he did not return. In course of search, she came to know in a village that a dead body was seen in Garbhua Semara

Patna High Court CR. MISC. No.37066 of 2020(2) dt.17-04-2021 2/3 Parsa Choti Nahar and one Motorcycle was also there. When the informant with family members went there she saw the dead body of her husband. The informant suspected that Ram Vinay Sah and his associates might have killed her husband. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in the present case merely on the basis of suspicion. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned C.J.M. West Champaran (Bettiah), in connection with

Patna High Court CR. MISC. No.37066 of 2020(2) dt.17-04-2021 3/3 Chanpatia (Sirisia O.P.) Case No. 199 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T