Bambam @ Pampam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70859 of 2018 Arising Out of PS. Case No.-465 Year-2015 Thana- ARA NAGAR District- Bhojpur ====================================================== Bambam @ Pampam Son of Late Kalaktar Singh, Resident of Village- Paiga, Police Station- Barahara, District- Bhojpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Subhas Singh For the Opposite Party/s :
Mr.Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Ara Town P.S. Case No. 465 of 2015, registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
The prosecution case in short is that on 05.10.2015 at 8:00 AM while the informant was passing from the side of campus of Cold Storage, Satpahari, he saw his deceased brother Sanjay Yadav @ Patar along with the petitioner and other accused persons, namely, Prakash Paswan and Golu Paswan entering inside the campus of the said Cold Storage and in the next morning, the dead body of the brother of the
Patna High Court Cr.Misc. No.70859 of 2018(3) dt.18-01-2019 2/3 informant was found inside the said campus.
The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that only because the petitioner was seen along with the other co-accused persons entering into the said Cold Storage along with the deceased person, the petitioner has been falsely implicated in the present case although, there is no other material to connect the petitioner with the alleged crime. Lastly, it is submitted that similarly situated co-accused persons have already been granted bail by orders dated 19.02.2016 and 01.03.2016 passed in Criminal Miscellaneous Nos. 7935 of 2016 and 9602 of 2016. The petitioner is stated to be in custody since 01.08.2018.
Having regard to the facts and circumstances of the case and also the fact that similarly situated co-accused persons have been allowed bail by this Court, I deem it fit and proper to enlarge the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail 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, Bhojpur
Patna High Court Cr.Misc. No.70859 of 2018(3) dt.18-01-2019 3/3 at Arrah in connection with Arrah Town P.S. Case No. 465 of 2015.
(Mohit Kumar Shah, J) ajay gupta/- U T