Sagar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.71532 of 2018 Arising Out of PS. Case No.-543 Year-2017 Thana- BETTIAH CITY District- West Champaran ====================================================== Sagar Ram S/o Late Bishwash Ram R/o Mohalla- Ambedkar Nagar, Ward No. 31 Baswaria, P.S. Bettiah, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-01-2019 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.
The petitioner is in custody in connection with Bettiah Town P.S. Case No. 543 of 2017 for the offence under Section 302/34 of the Indian Penal Code.
Learned counsel for the petitioner would submit that petitioner has no criminal antecedent. Learned counsel for the petitioner further submits that from perusal of the fardbeyan, it would be apparent that informant is not an eye witness and only on hearsay and suspicion he has named the petitioner in the instant case.
In this case diary was called for. Learned APP appearing on behalf of the State with reference to case diary
Patna High Court Cr.Misc. No.71532 of 2018(3) dt.10-01-2019 2/2 would submit that in the instant case informant in his further beyan has mentioned about the commission of offence by the petitioner but his statement not on the basis of eye witness of the occurrence as he reached at the place of occurrence subsequent to the incident.
Considering the totality of the facts and circumstances and period of custody of the petitioner since 19.5.2018, let the petitioner named above, is directed to be released on bail after 21.3.2019 on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Town P.S. Case No. 543 of 2017.
(Anil Kumar Upadhyay, J) T.Kr./- U T