Prabhu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14751 of 2020 Arising Out of PS. Case No.-452 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== PRABHU RAM, Son of Late Biga Ram, Resident of Village - Matiya (Parsa), P.S.- Lauriya, Distt - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302, 201, 404, 34 of the Indian Penal Code.

Allegation against the petitioner alongwith accused persons is of killing the son of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. As a matter of fact, petitioner is neither named in the FIR nor he is any way related with the alleged occurrence.. He further submits that as per the prosecution case the informant is not an eye witness of the alleged occurrence. The petitioner has been made accused in this case on the basis of confessional statement of co-accused Jitendra Ram. The co-accused namely Bhim Yadav has been granted anticipatory bail by a Co-ordinate

Patna High Court CR. MISC. No.14751 of 2020(5) dt.13-10-2020 2/2 Bench of this Court vide order dated 22.09.2020 passed in Cr. Misc. No. 7749 of 2020. Petitioner has got no criminal antecedent.

Learned APP for the State opposes the prayer for bail petition.

I have gone through the record and perused the case diary, para 18 of the case diary one witness has stated that coaccused Jitendra Ram has falsely implicated in this case due to previous enemity between them.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatiya (Sirisiya O.P.) P. S. Case No. 452 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) amitkumar/- U T