Bharosa Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36866 of 2018 Arising Out of PS.Case No. -163 Year- 2017 Thana -SAHAR District- BHOJPUR ====================================================== Bharosa Ram, Son of Late Piyari Ram @ Janardan Ram, Resident of Village- Narhi, P.S.- Sahar, District- Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Manoj Kumar, Advocate For the S t a t e : Mr. Md. Sufiyan, APP For the Informant : Mr. Ajay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-07-2018 Heard learned counsel for the petitioner and the learned counsel appearing for the informant as well as the learned counsel appearing on behalf of the State. The petitioner is in custody since 16.04.2018 in connection with Sahar P.S. Case No.163 of 2017 registered for the offence under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has been named only on suspicion as he was in litigating terms with the informant. The story that the petitioner was seen in the bathroom mirror is also quite farfetched inasmuch as it cannot be expected that back of any person can be seen in a mirror, if at all the same was seen by the informant.

Patna High Court Cr.Misc. No.36866 of 2018 (2) dt.16-07-2018 2/2 Considering the aforementioned facts and circumstances and a history of litigations between the parties, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-X, Bhojpur at Ara, in connection with Sahar P.S. Case No.163 of 2017, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4)The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T