Amar Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31341 of 2014 Arising Out of PS.Case No. -50 Year- 2013 Thana -KANGALI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Amar Ram S/o Late Bachan Ram Resident of Basantpur, P.S. Kangali, District - West Champaran

2. Chandan Ram S/o Late Raj Banshi Ram Resident of Basantpur, P.S. Kangali, District - West Champaran

3. Baliram Ram S/o Raghubir Ram Resident of Village - Gamaria, P.S. Raxaul, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate. For the Opposite Party/s : Mr. Anil Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-01-2015 Learned counsel for the petitioners is permitted to make correction in the name of petitioner no. 3. Heard both sides.

The petitioners seek bail in Sessions Trial No. 213 of 2014, arising out of Kangali P.S. Case No. 50 of 2013, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

Chandan Ram the petitioner no. 2 is the informant of the case, he alleged that he took his father who got down from Satyagraha Express at Raxaul, on his motorcycle but some unknown persons intercepted them and they brutally assaulted his

Patna High Court Cr.Misc. No.31341 of 2014 (3) dt.13-01-2015 father.

Learned counsel for the petitioners submits that during the course of investigation, the police obtained confessional statement of Amar Ram and thereafter got confessional statement of Chandan Ram and Baliram Ram, but their statement could not be recorded under Section 164 of the Cr.P.C. No recovery in pursuance of the confessionals statement was made. The police got call details of mobile and on the basis of such statement charge sheet has been submitted.

Having considered the facts aforesaid and the fact that except the confessional statement of the petitioners, the police did not collect any tangible evidence to show the involvement of the petitioners in the murder of Raj Banshi Ram, the petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Adhoc Additional Sessions Judge-IVth, Bettiah, West Champaran in connection with Sessions Trial No. 213 of 2014, arising out of Kangali P.S. Case No. 50 of 2013.

(Prabhat Kumar Jha, J.) KKSINHA/- U T