Patna High CourtCR. MISC./23237/2023allowed

Tetar Ram @ Sadhu v. The State Of Bihar

2024-01-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23237 of 2023 Arising Out of PS. Case No.-189 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== Tetar Ram @ Sadhu S/O Late Magani Ram R/O-Village- Gobardhana, P.SGobardhana, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 201 and 120B of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the husband of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Mahfooz Ansari, which has got no evidentiary value in the eyes of law. There is no consistent evidence and no eye-witness to the alleged

Patna High Court CR. MISC. No.23237 of 2023(6) dt.29-01-2024 2/2 occurrence, which shows the complicity of the petitioner and there is no specific overt act against him. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 27.03.2023 passed in Cr. Misc. No. 66310 of 2022. He is languishing in judicial custody since 11.05.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., 1st Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 189 of 2022.

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