Ranjeet Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18738 of 2023 Arising Out of PS. Case No.-861 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.

RANJEET PANDEY son of Aditya Pandey Mohalla- Rishala Campur PsArrah Nawada Dist- Bhojpur, At Present- Jorawarpur Milki Ps- Arrah Mofasil Dist- Bhojpur 2.

Vikash Pandey @ Ravi Kumar Pandey son of Satya Narayan Pandey Village- Jorawarpur Milki Ps- Arrah Mofasil Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.

Prosecution case in short, is that, the informant's son went outside from his house and did not return till late night. Thereafter, information received that the dead body of the informant's son was lying near Collectorate Phokhara. It is further alleged by the informant that petitioners along with other co-accused person administered intoxicated alcohol to the deceased and after death they threw the body of the informant's

Patna High Court CR. MISC. No.18738 of 2023(3) dt.18-07-2023 2/3 son.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on suspicion. It is further submitted that neither any eyewitness nor any consistent evidence has been found in this case against the petitioners. It is also submitted that only on the basis of suspicion and the confessional statement of both the petitioners who said that they drunk in excess that night and it might be possible that informant's son died due to over-drinking. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 16.10.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Ara-Nawada P.S. Case No. 0861 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) on each of them with two sureties of the like amount

Patna High Court CR. MISC. No.18738 of 2023(3) dt.18-07-2023 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara.

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