Rajesh Ram @ Chhotu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50173 of 2018 Arising Out of PS.Case No. -52 Year- 2017 Thana -BELCHAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rajesh Ram @ Chhotu Ram, Son of Sri Baidyanath Ram, Resident of Village- Brindaban Ashram, P.S.- Chanpatia, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section396 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in brief, is that brother of the informant was looted away Rs. 3,50,000/- and he was murdered by six unknown persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21-06-2017 and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in this case due to mistake of fact. It is a case of single identification. The amount of money recovered from possession of the petitioner has not been disclosed

Patna High Court Cr.Misc. No.50173 of 2018 (2) dt.14-09-2018 by the prosecution. The other similarly situated co-accused namely, Asraf Sai @ Ambuj has been granted bail by a coordinate bench of this court vide order dated 19-02-2018 passed in Cr. Misc. No. 1493 of 218.

On behalf of the State, it is submitted that the petitioner's named has come in course of investigation.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Bettiah, West Champaran in connection with Balthar P.S. Case No. 52 of 2017.

(Sudhir Singh, J) A.K.V./- U T