Patna High Court - Orders
Dharmendra Ram @ Dharo @ Langra vs The State Of Bihar on 10 July, 2014
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28607 of 2014
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Dharmendra Ram @ Dharo @ Langra, Son of Late Jhari Ram, Resident of
Village - Thakurichak Devi Asthan, P.S. - Barauni, District - Begusarai.
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
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Appearance :
For the Petitioner : Mr. Ajay Kumar Singh, Advocate.
For the Opposite Party : Mr. Parmanand Prasad, APP.
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR
JHA
ORAL ORDER
2 10-07-2014Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant.
The petitioner Dharmendra Ram @ Dharo @ Langra seeks bail in Phulwaria P.S. Case No. 7 of 2014 registered under Sections 147, 148, 149, 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
Renu Devi the informant alleged that while her husband Mantun Choudhary @ Yaswant Choudhary was sitting in his office Binod Choudhary, Saroj Choudhary, Sanjeev kunwar @ Lulha, Rajeev Yadav and three unknown persons came. Binod Choudhary fired which hit on the chest of Mantun Choudhary @ Yaswant Choudhary the husband of the informant.
Learned counsel for the petitioner submits that admittedly the petitioner is not named in the FIR. Name of the Patna High Court Cr.Misc. No.28607 of 2014 (2) dt.10-07-2014 2 petitioner figured in the case in the confessional statement of Binod Choudhary and Rajeev Yadav. But the police has not collected any evidence that how the petitioner conspired with them. Particularly in view of the fact that there is very specific allegation only against one accused namely Binod Choudhary in killing of the husband of the informant. One co-accused Mannu Singh whose name also figured in the case in the confessional statement of co-accused Binod Choudhary has already been enlarged on bail by a Bench of this Court vide order passed in Cr. Misc. No. 25929 of 2014.
On the other hand learned counsel for the informant with full force made argument that the petitioner has also conspired in killing of the deceased. He referred the order impugned showing that from perusal of the different paragraphs of the case diary, it transpired that the petitioner had talked with the main accused Binod Choudhary prior to the time of occurrence.
On perusal of the record, it appears that the informant claimed herself to be an eyewitness of the occurrence has made very specific allegation about coming of the accused persons and also alleged that Binod Choudhary fired, consequently her husband died after receiving firearm injury in his chest. No sort of allegation is made against any other accused persons present on Patna High Court Cr.Misc. No.28607 of 2014 (2) dt.10-07-2014 3 the place of occurrence. From the perusal of the order, it appears that the investigating officer has taken call detail report but it does not appear that the petitioner has played any role whatsoever may be in commission of the crime. Name of the petitioner figured in the confessional statement of co-accused and the petitioner has not been put on test identification parade.
Considering the facts, I find that the petitioner deserves the bail. His prayer for bail is allowed. The petitioner Dharmendra Ram @ Dharo @ Langra 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 the learned Chief Judicial Magistrate, Begusarai in connection with Phulwaria P.S. Case No. 7 of 2014.
(Prabhat Kumar Jha, J.) KKSINHA/-
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