Dadhimal Ram @ Dadhmal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71113 of 2018 Arising Out of PS. Case No.-78 Year-2013 Thana- RAJPUR District- Buxar ====================================================== Dadhimal Ram @ Dadhmal Ram son of Late Kishori Ram @ Late Kishore Ram, resident of Village- Chhatupur Gagaura, Police Station- Rajpur, DistrictBuxar. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Rajpur P.S. Case No. 78 of 2013, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation as per FIR is that son of the informant was called and later on he heard sound of firing and thereafter he saw that one Santosh Paswan has made firing on his son and petitioner is not named in the FIR. It further appears that name of the petitioner transpired in the confessional statement of the said Santosh Paswan in the year 2017 and further the informant has also named the petitioner during course of investigation. Submission of learned counsel for the petitioner is that later on the informant has made him accused on the basis of

Patna High Court CR. MISC. No.71113 of 2018(4) dt.11-04-2019 2/2 the confessional statement of Santosh Paswan and Santosh Paswan has been acquitted and one co-accused has been granted anticipatory bail by this Court vide order dated 4.7.2018 passed in Cr.Misc.No. 38524 of 2018.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let petitioner, above named, surrender within a period of six weeks from the receipt of this order and on surrender he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Rajpur P.S.Case No. 78 of 2013, corresponding to G.R.No. 832 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

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