Umesh Ram @ Abhinandan Ram @ Dinesh Ram @ Dinesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17645 of 2018 Arising Out of PS.Case No. -126 Year- 2017 Thana -KHARIK District- BHAGALPUR ======================================================

1. Umesh Ram @ Abhinandan Ram @ Dinesh Ram @ Dinesh, Son of Ramotar Ram, Resident of Village- Amni, Police Station- Mansi, DistrictKhagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kharik P.S. Case No. 126 of 2017 registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Four named miscreants are said to have gunned down elder brother of the informant intruding into the sales room of the petrol pump.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case due to grudge and dirty village politics. He is not named in the F.I.R. No incriminating article has been recovered from his conscious

Patna High Court Cr.Misc. No.17645 of 2018 (03) dt.17-05-2018 - 2 - physical possession. There is nothing on the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of Mukesh Mahto and Natwar Mahto, which has no evidentiary value in the eye of law and Mukesh Mahto has been enlarged on bail in Cr. Misc. No.57667 of 2017 vide order dated 17.01.2018. The petitioner has been languishing in custody since 24.09.2017.

In the facts and circumstances of the case, 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 District and Sessions Judge 1st, Naugachia in connection with Kharik P.S. Case No.126 of 2017. (Prakash Chandra Jaiswal, J) Trivedi/- U T