Hali Ram @ Harendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32275 of 2016 Arising Out of PS.Case No. -214 Year- 2015 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Hali Ram @ Harendra Ram, son of Late Suraj Ram, resident of village - Nayatola Dostpur, police station Sahebganj, district Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Upendra Kumar Chaubey For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-08-2016 Heard Sri Upendra Kumar Chaubey , learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, who is in custody in Sahebganj P.S. Case No. 214 of 2015 , G.R. No. 2111 of 2015 registered for the offence under section 302/ 34 of the Indian Penal Code , has prayed for grant of bail.

By way of referring to the F.I.R. learned counsel for the petitioner submits that in the F.I.R. itself save and except suspicion nothing has been indicated against the petitioner. He submits that none had seen the occurrence. He further submits that during investigation also no cogent material has been brought on record which suggest that petitioner was directly involved in the case. He has also referred to an order dated 19.4.2016 passed in Cr. Misc. 16735 of 2016 by a co-ordinate

Patna High Court Cr.Misc. No.32275 of 2016 (2) dt.19-08-2016 2/2 bench of this court . He submits that in the F.I.R. five persons were arrayed as accused on similar accusation like the petitioner i.e. suspicion. He submits that at least three accused persons having similar accusation were granted the privilege of anticipatory bail by this court.

In view of submission made by learned counsel for the petitioner that beyond doubt there is nothing against the petitioner as well as the fact that other three accused persons in similar circumstances have been extended the privilege of anticipatory bail there is no reason to further detain the petitioner custody. Let the petitioner Hali Ram @ Harendra Ram be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate (West ), Muzaffarpur / concerned court in connection with Sahebganj P.S. Case No. 214 of 2015, G.R. No.2111 of 2015.

(Rakesh Kumar, J) Praful/- U T