Premkeshwar Ram @ Premsagar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25152 of 2018 Arising Out of PS.Case No. -543 Year- 2017 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Premkeshwar Ram @ Premsagar Ram, S/o Late Bishwash Ram R/o Mohalla-Ambedkar Nagar, Ward No. 31 Baswaria, P.S.-Bettiah, DistrictWest Champaran. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 28.8.2017 in connection with Bettiah Town P.S. Case No.543 of 2017 for the offences alleged under Section 302/34 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated on mere suspicion merely because he happens to be the family members of co-accused Sagar Ram against whom the main suspicion has been raised. Even according to the F.I.R., main suspicion has been raised against co-accused Sagar Ram. The informant is clearly not an eye witness to the alleged occurrence. Similarly situated co-accused Tarkeshwar Ram @ Tarkeshwar
Patna High Court Cr.Misc. No.25152 of 2018 (2) dt.03-05-2018 2/3 Kumar has been granted bail by a Bench of this Court vide order dated 20.2.2018 in Cr. Misc. No.336 of 2018. Petitioner claims clean antecedent.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount leach to the satisfaction of learned C.J.M., Bettiah, West Champaran, in connection with Bettiah Town P.S. case No.543 of 2017, on the following conditions :
(i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State
Patna High Court Cr.Misc. No.25152 of 2018 (2) dt.03-05-2018 3/3 shall be at liberty to move for cancellation of bail. (Vikash Jain, J) N.H./- U T