Suresh Ram @ Shubham v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11394 of 2023 Arising Out of PS. Case No.-39 Year-2011 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Suresh Ram @ Shubham Son Of Late Jagdeo Ram R/V- Fatehpur, P.S.- Tariyani, District- Sheohar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 307 of the Indian Penal Code, Section 3⁄4 of Explosive Substance Act and Section 17 C.L.A. Act.

The prosecution case as per FIR is that when the informant along with other police personnel were on gasthi, a land mine exploded under his jeep, due to this the jeep blown upside and all the police personnel fell. Informant and other police officials sustained injuries in

Patna High Court CR. MISC. No.11394 of 2023(2) dt.21-04-2023 2/3 this incident.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. No incriminating article has been recovered from his possession. The name of petitioner sprang up in this case on the confessional statement of co-accused Mukesh Ram and Suhag Paswan. Moreover, the petitioner is languishing in judicial custody since 7.11.2022. It is further submitted that several similarly situated co-accused persons have been granted bail by this Court as well as co-ordinate Bench of this Court, which is annexed as Annexure 2 of this application. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to

Patna High Court CR. MISC. No.11394 of 2023(2) dt.21-04-2023 3/3 enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Siwaipatti P.S. Case No. 39 of 2011 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 XIIIth Additional Sessions Judge, Muzzafarpur.

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