Ramjee Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41029 of 2019 Arising Out of PS. Case No.-145 Year-2018 Thana- ARWAL District- Jehanabad ====================================================== RAMJEE MISTRY Son of Late Tetar Mistry Resident of Village - Umairabad, P.S. and Distt - Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in S.Tr. No. 67 of 2018/ 389 of 2018, arising out of Arwal P.S. Case No. 145/2018, instituted for offence under Section(s) 302, 34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that petitioner is father-in-law of deceased.

It is submitted that three witnesses have been examined before the court below. They have not alleged any overt act against this petitioner.

From the written report it appears that there is general and omnibus allegation against this petitioner. Petitioner is in custody since 02.06.2018.

Considering the aforesaid facts and circumstances,

Patna High Court CR. MISC. No.41029 of 2019(2) dt.09-07-2019 2/2 prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge 1st, Jehanabad, in connection with S.Tr. No. 67 of 2018/ 389 of 2018, arising out of Arwal P.S. Case No. 145/2018, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T