Nirmal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8569 of 2023 Arising Out of PS. Case No.-433 Year-2022 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.

Nirmal Ram Son of Late Umashankar Ram, Resident of Village - Banarpur, Police Station - Muffasil in the District of Buxar. 2.

Saroj Ram Son of Late Umashankar Ram, Resident of Village - Banarpur, Police Station - Muffasil in the District of Buxar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-05-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Buxar (M) P.S. Case No. 433 of 2022, dated 03.10.2022 lodged under Sections 302/34 of the Indian Penal Code. As per prosecution case, the allegation against the petitioners is that they alongwith five other accused persons have killed the son of informant and taken away his dead body. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. He

Patna High Court CR. MISC. No.8569 of 2023(2) dt.03-05-2023 2/2 further submits that it is true that case has been filed under Section 302/34 of the Indian Penal Code but it is also true that charge sheet has been filed under Section 306/34 of the Indian Penal Code. He also submit that antecedent of petitioners are clean and they are in custody since 03.10.2022. Learned counsel for the State opposes the prayer for bail and submits that from the content of F.I.R. it transpires that death of informant's son is taken place and Police has filed charge sheet under Section 306/34 of the Indian Penal Code. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.

30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (M) P.S. Case No. 433 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

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