Amar Ram @ Manoj Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55257 of 2024 Arising Out of PS. Case No.-179 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== AMAR RAM @ MANOJ RAM S/O KISHNATH RAM R/O VILLAGEMANIKPUR, P.S- HARSIDHI, DISTT.- EAST CHAMPARAN. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prateek Tandon, Advocate For the Opposite Party/s :
Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Harsidhi P.S. Case No. 179 of 2023 for the offence registered under Section 302 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner is a person of clean antecedent and the informant alleges that her husband consumed liquor with the petitioner and petitioner abused him for Rs. 500/-, later on her husband at 7:30 P.M. came back home and died on account of consumption of poison. It is further submitted that the petitioner has falsely been implicated in the instant case by the informant based on suspicion. It is further submitted that the petitioner and the deceased never consumed liquor. It is also submitted that had
Patna High Court CR. MISC. No.55257 of 2024(2) dt.02-09-2024 2/3 the petitioner been involved in the occurrence of making the deceased's drink poisonous liquor whether he would have allowed him to go back home. It is next submitted that the informant realizing her fault, has compromised the case but then it is submitted that the petitioner will not abscond and rather will cooperate in the investigation.
4. Learned APP appearing on behalf of the State opposes the prayer for bail.
5. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in connection with Harsidhi P.S. Case No. 179 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C.
6. However, in the event, if the Investigating Officer filed an application before the learned Trial Court bringing on notice that the petitioner despite assurance to this Court is not cooperating in the investigation, in that event, the learned trial
Patna High Court CR. MISC. No.55257 of 2024(2) dt.02-09-2024 3/3 Court shall be at liberty to cancel the bail bond of the petitioner. (Satyavrat Verma, J) Jagdish/- U T