Laukesh Ram @ Lavkesh Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.2142 of 2015 (3) dt.04-03-2015 1/1

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2142 of 2015 Arising Out of PS.Case No. -120 Year- 2014 Thana -NAWINAGAR District- AURANGABAD ======================================================

1. Laukesh Ram @ Lavkesh Ram Son of Ram Pravesh Ram Resident of vill-Chandragarh,P.S-Nabinagar,Distt.-Aurangabad .... Petitioner

Versus

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

For the Petitioner : Mr. Bhaskar Shankar, Adv.

For the Opposite Party : Mr. Murlidhar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 04-03-2015 Heard learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Sections 302 and 201/34 of the Penal Code. The only material against the petitioner that the victim was seen along with Laukesh Ram, the petitioner, and the victim as found dead at about 06.00 A.M. However, there is no direct evidence and the case hinges on circumstantial evidence. The learned counsel for the petitioner submits that in paragraph 19 of the case diary there is confessional statement of Ganauri admitting his guilt. However, the said evidence is inadmissible in law in view of the statement before the police in custody. Hence, having regard to the facts and circumstances of the case that there is no direct evidence against the petitioner and only circumstance is of last seen, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Nabinagar P.S. Case No. 120 of 2014 to the satisfaction of the Chief Judicial Magistrate, Aurangabad.

(Gopal Prasad, J) SA/- U U T T