Kameshwar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17046 of 2023 Arising Out of PS. Case No.-136 Year-2021 Thana- KESARIA District- East Champaran ====================================================== Kameshwar Ram Baidhnath Ram Resident Of Village - Khijirpura, Ward No. - 3, P.S. - Kesariya, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 365 of the Indian Penal Code.

The prosecution case as per F.I.R is that son of the informant had been working as a driver of the tractor of co-accused Sandesh Kuumar for the last two years. The son of the informant was traceless from 26.03.2021. It is further alleged that co-accused

Patna High Court CR. MISC. No.17046 of 2023(3) dt.20-06-2023 2/3 persons including the petitioner used to threaten informant's son of dire consequences. It is alleged that the informant suspected that his son was abducted and murdered by all the accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 26.03.2021, F.I.R was registered on 24.04.2021 without explaining the delay. The informant is not an eye witness to the occurrence and only on the basis of suspicion, the petitioner has been roped in the present case. The petitioner is languishing in custody since 13.06.2022.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.17046 of 2023(3) dt.20-06-2023 3/3 Magistrate, Motihari, East Champaran in connection with Kesariya P.S. Case No. 136 of 2021.

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