Petitioner seeking bail in trial for murder and arms charge alleged lack of eyewitnesses and named only on suspicion. Court granted bail on furnishing bond and sureties.
Enlarged petitioner on bail on furnishing bail bond of Rs. 10,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37852 of 2016
Arising Out of PS.Case No. -212 Year- 2016 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Ambika Ram, Son of late Ram Sevak Ram, Resident of Village- Jhapahan Dih, P.S. Ahiyapur, District Muzaffarpur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. Satyavrat Verma, Advocate. For the Opposite Party/s : Mr. (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3 18-11-2016 Heard both sides.
The petitioner seeks bail in Trial No. 2651/2016, arising out of Ahiapur P.S. Case No 212/2016, under Sections 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
The informant, brother of the deceased, alleged that one day prior to the occurrence, the former Mukhiya had come to his house to meet his brother Rajnish Kumar. On the date of occurrence, his brother was going to meet the former Mukhiya Ambika Ram (the petitioner). The informant got information that his brother was shot dead near Jhapha over bridge. Learned counsel for the petitioner submits that there is no eye witness of the occurrence. The informant named the petitioner on mere suspicion because the deceased was going to the house of the
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petitioner to refund his money which was taken by the deceased for providing licence of petrol pump. Other witnesses have also only suspected the hands of the petitioner in the killing of the deceased. From perusal of Para 30 of the case diary, it appears that the wife of the deceased has also stated the same fact that her husband was going to meet Ambika Ram but there appears no eye witness of the occurrence. It is submitted that the house of the petitioner is not situated near Jhapha over bridge.
Considering the fact that on mere suspicion the name of the petitioner figured in the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Samrendra Gandhi, Judicial Magistrate 1st Class, Muzaffarpur (East) in Trial No. 2651/2016, arising out of Ahiapur P.S. Case No. 212 of 2016.
(Prabhat Kumar Jha, J)
Dilip/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged with culpable homicide and armed offence on grounds of lack of eyewitnesses and mere suspicion.
Whether the petitioner, who was named only on mere suspicion in an Eyewitness-less murder case, be granted bail by furnishing security.
2 provisions across 2 enactments
Ambika Ram
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
