Ram Ekbal Prasad @ Inderdeo Rajbhar @ Ramekbal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6376 of 2024 Arising Out of PS. Case No.-98 Year-2023 Thana- GUTHANI District- Siwan ====================================================== Ram Ekbal Prasad @ Inderdeo Rajbhar @ Ramekbal Prasad Son of Late Ram Balak Rajbhar Resident of village-Deuria, P.S.-Guthani, Distt.-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai, Adv.

For the Opposite Party/s :

Mr.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-04-2024 Heard learned Counsel for the petitioner, learned APP for the State and counsel for the informant.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Guthani P.S. Case No.98/2023 lodged under Sections 302 and 34 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution, the FIR has been lodged against three named accused persons including the petitioner with allegation that they have killed the father of the informant in connivance with each other. The informant has seen that all the three named accused persons were fleeing away from the lane in front of the informant's house and pistol was at the hand of accused, namely, Uday Bhan @ Mantu Rajbhar.

4. Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.6376 of 2024(3) dt.19-04-2024 2/3 petitioner is old aged person about 63 years. He was a teacher in government school and retired on 31.08.2019.

5. Counsel further submits that the petitioner is suffering from paralytic attack and he is not in a position even to walk fastly and his name has orally and falsely been implicated in this case.

6. Counsel also submits that antecedent of the petitioner is clean and case diary has been called for.

7. Learned counsel for the informant vehemently opposes the prayer for bail and submits that it is a case where owner killing has been made at the instance of the petitioner and his family members. He has rightly been named in the F.I.R.

8. Learned APP for the State opposes the prayer for bail and submits that in the case diary, involvement of 4 accused persons one named and three not named have been figured, namely, Karan Rajbhar, Mantu Rajbhar, Deepak Goad and Manish Rajbhar.

9. In the present facts and circumstances that the petitioner is old aged person and suffering from paralytic attack, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail

Patna High Court CR. MISC. No.6376 of 2024(3) dt.19-04-2024 3/3 bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount to the satisfaction of the learned A.C.J.M.-VIII, Siwan, in connection with Guthani P.S. Case No.98/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T