Nagendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28164 of 2021 Arising Out of PS. Case No.-173 Year-2020 Thana- ARA MUFFSIL District- Bhojpur ====================================================== NAGENDRA RAM S/o Surendra Ram Resident of Village- Jamira, P.S.- Ara Muffasil, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh, Adv.

For the Opposite Party/s :

Mr. A.M.P. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2021 Heard Mr. Rajani Ranjan Pd. Singh, learned counsel for the petitioner and Mr. A.M.P. Mehta, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Ara Mufassil PS Case No. 173/2020 registered for the offence punishable under Section 302/34 of the IPC.

The allegation against the petitioner as, per First Information Report lodged by mother of the deceased, is that her son was missing since 03.06.2020 and the dead body of her son was found in the bush on 05.06.2020. It has also been alleged that some time back there was a quarrel between the deceased and the accused persons.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of mere suspicion. He further submits that there is no evidence against the petitioner and no body has seen the occurrence

Patna High Court CR. MISC. No.28164 of 2021(2) dt.06-12-2021 2/2 committed by the petitioner. He next submits that a co-accused, namely, Surendra Ram has been granted bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 7361/2021 and petitioner has got no criminal antecedents and he is in custody since January 2021.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused, namely, Surendra Ram has been granted bail by a Co-ordinate Bench of this Court, petitioner has been made accused in this case only on the basis of suspicion and he is in custody since January, 2021, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, NAGENDRA RAM be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Bhojpur, Ara in connection with Ara Mufassil PS Case No. 173/2020.

(Anil Kumar Sinha, J) perwez U T