Bikram Kumar Ray @ Bikram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12387 of 2021 Arising Out of PS. Case No.-573 Year-2020 Thana- SAHARSA District- Saharsa ====================================================== Bikram Kumar Ray @ Bikram Singh Son of Binod Ray @ Vinod Kumar Ray Resident of Village - Naya Bazar, P.S. and Distt.- Saharsa, Presently residing at Ray Tola, Ward No.2, Nariyar, P.S.- Saharsa, Dist.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the F.I.R., the brother of the informant used to live with his friends for the last several years. Information was received with respect to his death. On the informant reaching the place of occurrence he found gun shot injuries in his brother's head.

It is submitted by learned counsel for the petitioner that he is innocent and has been falsely implicated in the case. There is no eye witness to the occurrence. In course of investigation it transpires that the informant's brother had

Patna High Court CR. MISC. No.12387 of 2021(3) dt.30-07-2021 2/2 committed suicide as a result of a failed love affair. Chargesheet has been submitted under sections 306 and 34 of the Indian Penal Code and section 27 of the Arms Act. The petitioner is in custody since 22.10.2020 and his case stands on a similar footing to that of coaccused Bholu Singh who has been enlarged on bail vide order dated 19.7.2021 passed in Cr.Misc. no.41133 of 2020.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including submission of chargesheet under sections 306 and 34 of the Indian Penal Code and section 27 of the Arms Act together with the petitioner having remained in custody for over 9 months, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Saharsa Sadar P.S. Case no. 573 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa.

(Partha Sarthy, J) Bibhash U