Rambilash Sada v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18157 of 2024 Arising Out of PS. Case No.-220 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== RAMBILASH SADA, SON OF LATE BINO SADA, RESIDENT OF VILLAGE- KHAIRA MUSAHARI, TOLA, P.S.- CHERIA BARIYARPUR, DISTRICT- BEGUSARAI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-03-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no.597 of 2021, arising out of Cheria Bariyarpur P.S. Case no. 220 of 2020 registered under sections 302, 201 and 34 of the Indian Penal Code.
3. As per the prosecution case, it is stated that Mithilesh Sada and Subodh Sada called the brother of the informant. It is further stated that the informant's brother did not return and subsequently some blood stains were also found near the house of the petitioners. On inquiry it is stated that he was informed that his brother had been done to death by the accused persons including the petitioner herein.
Patna High Court CR. MISC. No.18157 of 2024(3) dt.27-03-2024 2/3
4. Learned counsel for the petitioner submits that from the contents of the FIR as also the material that has transpired in course of investigation it would be evident that there is no eye witness to the occurrence. The suspicion raised against the petitioner is without any basis. No incriminating material has transpired to connect the petitioner with the alleged crime. Petitioner has no concern with the land from which the dead body of the deceased was allegedly recovered. The petitioner is in custody since 4.6.2021. Further co-accused Hareram Sada and Mithilesh Sada have been enlarged on bail vide order dated 19.12.2022 passed in Cr. Misc. no.11228 of 2022.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation together with the material that has transpired in course of investigation, the petitioner being in custody since 4.6.2021 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no.597 of 2021 (arising out of Cheria Bariyarpur P.S. Case no.220 of 2020) on furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.18157 of 2024(3) dt.27-03-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge, Manjhaul, District- Begusarai.
(Partha Sarthy, J) avinash/- U T