Patna High CourtCR. MISC./17436/2022bail granted

Ramesh Rai @ Loha v. The State Of Bihar

2022-12-23Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17436 of 2022 Arising Out of PS. Case No.-583 Year-2021 Thana- MADHAURAH District- Saran ====================================================== RAMESH RAI @ LOHA Son of Shiv Dayal Rai Resident of Village - Gopalpur Purvari Tola, P.S. - Marhowra, District - Saran at Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yashraj Bardhan, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, the informant states that on his son disappearing, on search it transpired that his dead body was found near the bridge. He states that on inquiry it transpired that the four named accused persons including the petitioner herein had caught hold of his son and had shot him. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Admittedly the informant is not an eye witness to the occurrence. An unfounded suspicion has been raised in the FIR.

Patna High Court CR. MISC. No.17436 of 2022(3) dt.23-12-2022 2/2 No material has transpired in course of investigation to connect the petitioner with the alleged crime. The petitioner is in custody since 27.12.2021 and 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 material that has transpired in course of investigation together with the petitioner having remained in custody for about a year since 27.12.2021, the Court directs the petitioner to be enlarged on bail in connection with Madhaurah P.S. Case no. 583 of 2021 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 Chief Judicial Magistrate, Saran at Chhapra. (Partha Sarthy, J) Prakash/- U