Ravi Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12326 of 2022 Arising Out of PS. Case No.-728 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== RAVI ALAM Son of Mohan Gaddi Resident of Village - Singachhapar, P.s.- Bettiah Muffasil, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bashishtha Narayan Mishra, Advocate Mr. Sachida Nand Rai, Advocate For the State :
Ms. Anita Kumari, APP For the Informant :
Ms. Vagisha Pragya, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-12-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201 and 34 of the Indian Penal Code.
As per the prosecution case, it is stated by the informant that his son who used to give tuition to different students was found murdered with his throat slit with a sharp cutting weapon.
It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. His name transpired in course of investigation when a suspicion was raised against him of him having threatened the deceased on an earlier
Patna High Court CR. MISC. No.12326 of 2022(3) dt.22-12-2022 2/3 occasion over their friendship with a girl. It is submitted that besides the confessional statement of the petitioner made before police which is of no value, there is no other material against him. The petitioner is in custody since 2.11.2021 and charge sheet has been submitted in the case.
The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that it has transpired in course of investigation that the deceased was involved in giving tuition to the daughter of one Deepa Kumari whose statement has been recorded in Paragraph no. 76 of the case diary. The said Deepa Kumari gave her statement under section 161 Cr.P.C stating therein that on an earlier occasion the deceased had informed her of being threatened by the petitioner over his friendship with the girl of the petitioner's community. It is further submitted that on the police reaching the petitioner's house he had fled away and subsequently he has confessed to have used a knife in killing the deceased.
Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation specially there being no eye witness to the alleged occurrence, the petitioner being in custody for more
Patna High Court CR. MISC. No.12326 of 2022(3) dt.22-12-2022 3/3 than 1 year since 2.11.2021 and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Bettiah Mufassil P.S. Case no. 728 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, Bettiah, District West Champaran.
It is directed that the petitioner shall cooperate in the case/trial in the learned trial Court.
(Partha Sarthy, J) Prakash/- U