Nanhku Ram @ Nand Kishore Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.32643 of 2017 (2) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32643 of 2017 Arising Out of PS.Case No. -49 Year- 2016 Thana -DHOLBAJJA District- BHAGALPUR ====================================================== Nanhku Ram @ Nand Kishore Ram, S/o Chandradeo Ram @ Chandar Ram, resident of Village- Gola Tola, Kadwa, P.s.- Dholbajja, DistrictBhagalpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Praveen Kumar,Advocate For the Opposite Party : Mr. Nand Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 30.10.2016 in connection with S.T. No. 423 of 2017, arising out of Dholbajja P.S. Case No. 49 of 2016 for the alleged offences under Section 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and in any event even according to the FIR the main assailants are co-accused Chhotu Singh and Pintu Singh and not the petitioner. No assault whatsoever has been attributed to the petitioner who claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court Cr.Misc. No.32643 of 2017 (2) dt.20-07-2017 thousand) with two sureties of like amount each to the satisfaction of learned 1st Additional Sessions Judge, Naugachia, District Bhagalpur in connection with S.T. No. 423 of 2017, arising out of Dholbajja P.S. Case No. 49 of 2016 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/Ibrar U T