Ramdev Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64564 of 2018 Arising Out of PS. Case No.-56 Year-2017 Thana- JANDAHA District- Vaishali ====================================================== Ramdev Ram, Son of Late Ram Autar Ram, Resident of Village- Dih Buchauli, P.S.- Jandaha, Dist. - Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Nityanand For the Opposite Party/s :

Mr. Najmul Hoda Mr. Arjun Prasad For the State : Mr. Sri Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner, the informant and the learned A.P.P. for the State.

The petitioner seeks bail in Jandaha P.S. Case No. 56/2017, instituted for the offences under Sections 302, 326 and 34 of the Indian Penal Code read with Section 27 of Arms Act. It is alleged in the written report that on the date of occurrence husband of informant along with two persons, namely, Yugeshwar Rai and Kishun Ram were coming on motorcycle. The husband of informant was driving the motorcycle. It is further alleged that when her husband reached near Phula Baram, Bind Tola Dih Buchauli, the petitioner along with other named accused persons made indiscriminate firing on her husband and also caused injury with

Patna High Court Cr.Misc. No.64564 of 2018(3) dt.20-11-2018 2/3 Tengari on the head and neck. Husband of the informant died on the spot.

Learned counsel for the petitioner has submitted that both eye-witnesses, namely, Yugeshwar Rai and Kishum Ram have given their statement before the police in which they have not claimed to identify the accused persons including the petitioner.

Learned Addl. P.P. after looking into case diary has submitted that in paragraphs 33 and 34 of case diary both the witnesses have given their statement. They have not claimed to identify any of the accused persons.

From the written report, it appears that informant is not eye-witness of the occurrence.

Learned counsel for the petitioner has submitted that other co-accused with similar allegation has already been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 31648/2017 dated 13.07.2017.

Petitioner is in custody since 20.05.2018.

Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. 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

Patna High Court Cr.Misc. No.64564 of 2018(3) dt.20-11-2018 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 56/2017, subject to the conditions that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J.) rakhi U T