Manoj Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 80773 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== MANOJ RAM Son of Late Kanchan Ram Resident of Village- Baruari, P.S.- Gaighat, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :
M/s Pradhan Murli Manohar Pd, Raju Kr Goswami, Advocates For the Opposite Party/s :
Mr Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Gaighat Police Station (for brevity, PS) Case No 20 of 2019 instituted for the offence punishable under Section (s) 302/34 of Indian Penal Code. Uncle of the informant left his house on 16.01.20190. On the next day, i e, on 17.01.2019, some villagers informed the informant that his uncle was lying half conscious. On such information, the informant alleges that he took his uncle for treatment where his uncle died. It is also mentioned that next morning, Pawan Kumar Ram and some other persons disclosed that the instant petitioner and his wife were thrashing his uncle. It is in such circumstances that the petitioner has been implicated in this case. The petitioner is in custody since 02.10.2019. It is submitted that the implication is based on extraneous considerations and on hearsay. The fact of
Patna High Court CR. MISC. No.80773 of 2019(2) dt.13-01-2020 2/2 implication under confusion has also been admitted by the informant in his petition filed in the Court below (Annexure 2 to the instant application). Petitioner also bears no criminal antecedent.
Considering the aforesaid, let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate XV -cum- Sub Judge XVI, Muzaffarpur in connection with Gaighat PS Case No 20 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) M.E.H./- U T