Hare Ram Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20647 of 2021 Arising Out of PS. Case No.-429 Year-2020 Thana- SIWAN MUFFASIL District- Siwan ====================================================== HARE RAM SONI Son of M14unna Soni @ Muna Soni Resident of Village - Siswan Chati, P.S. - Siswan, District - Siwan, A/P Renter of Manoj Turha, Resident of Mohalla - Srinagar, P.S. - Siwan Muffasil, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, the son of the informant was called by Umesh Kumar Yadav and Pappu Kumar Sah. On the son of the informant not returning, it is stated that inquiry was made but no satisfactory reply was given by them. Subsequently in course of inquiry it transpired that besides the said two accused persons the accused Baharan Yadav, as also this petitioner and Suraj Kumar Yadav had shot the son of the informant as a result of conspiracy and had hidden his body.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Except for an unsubstantiated suspicion raised by the informant in the FIR,

Patna High Court CR. MISC. No.20647 of 2021(4) dt.17-11-2021 2/2 no material has transpired against the petitioner in course of investigation. The material being relied on against the petitioner is the confessional statement of Umesh Kumar Yadav. The case of the petitioner stands on a similar footing to that of co-accused Baharan Yadav who has been enlarged on bail vide order dated 31.5.2021 passed in Cr.Misc. No. 6016 of 2021. The petitioner is in custody since 21.9.2020 and has no criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, grant of bail to co-accused Baharan Yadav and the petitioner having remained in custody for over one year, the petitioner is directed to be enlarged on bail in connection with Siwan Mufassil P.S. Case no. 429 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, Siwan.

(Partha Sarthy, J) Spd/- U