Mahendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21342 of 2017 Arising Out of PS.Case No. -85 Year- 2016 Thana -GAMAHARIA District- MADHEPURA ======================================================

1. Mahendra Ram Son of Late Badri Ram Resident of Village - Kamaljari, P.S. Gamhariya, District Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-06-2017 Heard both sides.

The petitioner seeks bail in Gamharia P.S. case No. 85 of 2016 under Section 302/34 of the Indian Penal Code. The informant named the petitioner, along with other accused persons, and alleged that while his son was going to his new house from his old house, the petitioner and others strangulated him to death.

The learned counsel for the petitioner submits that there is no eye witness of the occurrence. The dead body of deceased was found in the next morning and on mere suspicion that the petitioner and others had quarreled with the deceased the informant suspected that petitioner and others might have killed Mahadeo Mukhiya. Other similarly situated accused, namely,

Patna High Court Cr.Misc. No.21342 of 2017 (3) dt.29-06-2017 2/2 Santosh Ram, Ashok Ram, Usha Devi and Raj Kumari Devi have already been granted anticipatory bail vide order passed in Cr. Misc. No. 54533 of 2016 by a coordinate Bench of this court. The case of petitioner stands on same footing.

The learned Additional Public Prosecutor, however, opposed the prayer for bail but could not be able to point out that there was any person who saw the occurrence with his own eyes. Considering the facts that name of the petitioner figured in the case on mere suspicion and similarly situated other accused persons have already been granted anticipatory bail, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Madhepura in Sessions Trial No. 186 of 2016, arising out of Gamharia P.S. Case No. 85 of 2016. (Prabhat Kumar Jha, J) BKS/- U T