Sushant Ram @ Sushant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72720 of 2018 Arising Out of PS. Case No.-57 Year-2017 Thana- KAJRA District- Lakhisarai ====================================================== Sushant Ram @ Sushant Kumar Son of Surendra Ram @ Sulo Ram, resident of Village- Shibdih, P.S. Kajra, District- Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Prasad For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Kajra P.S. Case No.57 of 2017 registered for the offence punishable under Sections 302/120(B) of the Indian Penal Code and Section 27 of the Arms Act. Informant is mother of the deceased who in her fardebyan has stated that her son had gone outside in the morning and, thereafter, he did not return back in the night and in the next morning she was informed that her son has been killed and his dead body was lying by the side of the road. It has been alleged against the petitioner that there was dispute between the deceased and the petitioner and, thereafter, they were not on the talking terms. Thereafter, the petitioner was sent to the jail for which the deceased was said to be responsible and in order to take revenge, he has killed her son with the help

Patna High Court Cr.Misc. No.72720 of 2018(2) dt.11-12-2018 2/3 of the naxalities.

It has been submitted on behalf of the petitioner that petitioner has been implicated in this case on the basis of suspicion only and except suspicion, there is no other incriminating material against the petitioner. It has further been submitted that at the time of occurrence, the petitioner was in jail. Petitioner is in custody since 15.03.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Lakhisarai in connection with Kajra P.S. Case No.57 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall

Patna High Court Cr.Misc. No.72720 of 2018(2) dt.11-12-2018 3/3 be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T