Kailash Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.38337 of 2015 (3) dt.05-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38337 of 2015 Arising Out of PS.Case No. -298 Year- 2015 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Kailash Ram son of Jiyalal Ram Resident of Village- Naya Bas Manpur Ratnawali, P.s Runnisaidpur, district Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pushpendra Kumar Singh For the Opposite Party : Mr. Ashraf Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2015 Heard the counsel for the petitioner, counsel for the State as also counsel for the Informant.

The petitioner is languishing in jail since 16.06.2015 in a case instituted under Section 398 of the Indian Penal Code. As per the prosecution case, it is a case of dacoity on the occasion of the marriage ceremony in the house of the informant by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.06.2015. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. There is no allegation of tampering of evidence against the petitioner. As per the FIR itself no article of the house could be looted by the miscreants who had come to the house of

Patna High Court Cr.Misc. No.38337 of 2015 (3) dt.05-11-2015 the informant to commit dacoity. Petitioner is said to be the one of the members of the band party which had gone for the purpose of marriage which had taken place in the house of the informant and due to the payment of wage, there was a dispute and hence the petitioner has falsely been implicated in the present case. On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner 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 learned CJM, Sitamarhi in connection with Runnisaidpur P.S.Case No.298 of 2015. (Sudhir Singh, J) B.Kr./- U T