Mandip Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51730 of 2018 Arising Out of PS.Case No. -69 Year- 2018 Thana -SAUR BAZAR District- SAHARSA ====================================================== Mandip Ram, S/o Tarani Ram, R/o Vill.- Tekanama, P.S.- Saur Bazar, (Patarghat O.P.), District- Saharsa.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Dinesh Maharaj, Advocate. For the Opposite Party : Mr. Matloob Rab, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 20.03.2018 in a case for the offence registered under Sections 302/34 of the IPC.

The prosecution story, in brief, is that on 03.02.2018 the son of the informant went to drop his Mami at her Naihar. On 06.02.2018 at about 10.00, the informant learnt that dead body of his son is hanging on a tree. He has claimed that unknown criminal murdered his son Sandeep Kumar.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no

Patna High Court Cr.Misc. No.51730 of 2018 (2) dt.19-09-2018 2/2 allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. In course of investigation, the involvement of the petitioner has been suspected only on the basis of material that he was seen in association with the deceased. Except for suspicion, there is substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence nor there is circumstantial evidence to suggest the implication of the petitioner in the present case.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. 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 the learned C.J.M. Saharsa, in connection with Suar Bazar P.S. Case No. 69/2018. U.K./- (Sudhir Singh, J) U T