Jai Nandan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51341 of 2017 Arising Out of PS.Case No. -204 Year- 2017 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Jai Nandan Ram Son of Late Ram Kewal Ram, Resident of VillageBalhma, P.S. - Daudnagar, District- Aurangabad. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Santosh Kumar Pandey, Advocate For the Opposite Party: Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 03.08.2017 in connection with Daudnagar P.S. Case No. 204 of 2017 for the offences alleged under Sections 302/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact, the deceased had been caught while committing theft in the house of the petitioner for which the petitioner instituted the first information report in Daudnagar P.S. Case No. 203 of 2017. It is submitted that when the deceased was taken to the police station, he was beaten by the villagers. It is further submitted that the informant is not an eye-witness to the occurrence. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 204 of 2017, on the following conditions:-

Patna High Court Cr.Misc. No.51341 of 2017 (2) dt.09-11-2017 2/2 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate 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.

(Vikash Jain, J) B.T/Chandran U T