Patna High CourtCR. MISC./7197/2023allowed

Chulayi Ram @ Balister Ram v. The State Of Bihar

2023-12-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7197 of 2023 Arising Out of PS. Case No.-152 Year-2022 Thana- JAMOBAZAR District- Siwan ====================================================== Chulayi Ram @ Balister Ram Son Of Sharda Ram R/O Vill.- Jamo Bazar, P.S.- Jamo Bazar, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s :

Mrs.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.

3. As per allegation in the FIR, the daughter of the informant is alleged to have been killed by the petitioner along with other co-accused person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. No eye witness of the alleged occurrence, only on the basis of suspicion, he has been dragged in this case. Nothing consistent material has come against him. A statement has been made in para-3 of this petition

Patna High Court CR. MISC. No.7197 of 2023(5) dt.18-12-2023 2/2 that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide order dated 11.07.2023 in Cr. Misc. No. 5758 of 2023. Moreover, the petitioner is languishing in judicial custody since 17.11.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jamo Bazar P.S. Case No. 152 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-10th, Siwan.

(Sunil Kumar Panwar, J) Shubham/- U T