Ramayan Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14561 of 2017 Arising Out of PS.Case No. -97 Year- 2016 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ramayan Dubey, son of Ram Uday Dubey, resident of VillageTharbitiya, P.S.- Pakridayal, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Ranjan For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-04-2017 The petitioner is in custody since 23.07.2016 in connection with Pakridayal P.S. Case No. 97 of 2016, registered for offences punishable under Sections 307, 302, 120(B)/34 Indian Penal Code.

It has been submitted on behalf of the petitioner that though the case is under Section 302 Indian Penal Code, however, no specific allegation of firing has been levelled against the petitioner, he was only present at the place of occurrence. Petitioner has been in judicial custody since 23.07.2016 and other co-accused having similar allegation has already been granted bail by this Court vide order dated 22.03.2017, passed in Criminal Miscellaneous No. 11215 of 2017.

Heard learned A.P.P. also.

Having heard both sides, considering the aforementioned facts and circumstances and also other co-accused having similar

Patna High Court Cr.Misc. No.14561 of 2017 (3) dt.17-04-2017 2/2 allegation has already been granted bail by this Court, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-V, East Champaran, Motihari, in connection with Pakridayal P.S. Case No. 97 of 2016, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T