Devi Lal Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22906 of 2016 Arising Out of PS.Case No. -54 Year- 2015 Thana -AMNAUR District- SARAN ======================================================

1. Devi Lal Ram, Son of Ramdas Ram

2. Dew Nath Ram, son of Ramdas Ram

3. Lal Babu Ram, son of Mundrika Ram, All are the residents of village - Vikrampur, Police Station - Marhowrah, District - Saran at Chapra. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ram Binod Singh, Advocate For the Opposite Party : Mr. Nand Kishore Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-08-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody in connection with Amnour P.S. Case No. 54 of 2015 for the offences instituted under Section 302/34 of the Indian Penal Code. The prosecution story in brief, is that uncle of the informant namely Hareshwar Singh had went for cutting of bamboo then a child came to the informant and informed that the dead body of his uncle is lying in village Jhakhara brit in the filed of Damodar Singh, when informant reached there he found that dead body of his uncle lying with some injuries on his body. About five hundred meters away from the place, he saw all three

Patna High Court Cr.Misc. No.22906 of 2016 (3) dt.03-08-2016 2/2 accused persons sells illicit liquor. The deceased also used to visit there place for consumption of liquor. About 2-3 days back the deceased had some altercation with them on some issue. It has been submitted on behalf of the petitioners that petitioners are in custody since 17.04.2016. Charge sheet has been submitted in this case. Petitioners have no criminal antecedent. There is no allegation of tampering of the witnesses against the petitioners. From perusal of the post mortem report, it is evident that there is no external injury on the body of the deceased. The witness in para 6 of the case diary has stated that he died due to over drinking.

On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Saran at Chapra, in connection with Amnour P.S. Case No. 54 of 2015.

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