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Patna High CourtCR. MISC./15429/2022bail granted

Rambabu Kumar Gond @ Rambabu Gond v. The State Of Bihar

2023-01-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15429 of 2022 Arising Out of PS. Case No.-305 Year-2020 Thana- HUSSAINGANJ District- Siwan ====================================================== RAMBABU KUMAR GOND @ RAMBABU GOND Son of Late Sri Nath Gond @ Sri Nath Sah Resident of Village - Tikari, P.S. Hussainganj, District - Siwan, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

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 on the point of knife and a country made pistol, the four named accused persons including the petitioner herein caught hold of the son of the informant and asked him to get the daughter of co-accused Shrawan Kumar Gond who was living with the other son of the informant and that thereafter they would release the informant's son. It is stated that information was given to the police and subsequently the dead body of the informant's son was recovered.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.15429 of 2022(3) dt.06-01-2023 2/2 that the petitioner has been falsely implicated in the case. Even accepting the narration in the FIR, there is no eye witness to the occurrence. The case of the petitioner stands on a similar footing to that of co-accused Shrawan Kumar Gond who has been enlarged on bail vide order dated 24.2.2022 passed in Cr. Misc. no. 28151 of 2021. The petitioner is in custody since 22.9.2021 and has no criminal antecedent. Charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, grant of bail to co-accused Shrawan Kumar Gond by the aforesaid order dated 24.2.2022, the petitioner being in custody since 22.9.2021 and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no. 97 of 2021 (arising out of Hussainganj P.S. Case no. 305 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 A.D.J-IX, Siwan.

(Partha Sarthy, J) Prakash/- U