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Patna High CourtCR. MISC./22476/2024allowed

Ramesh Bidrohi @ Dinesh Ji @ Aditya v. The State Of Bihar

2024-07-12Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22476 of 2024 Arising Out of PS. Case No.-64 Year-2018 Thana- VALMIKINAGAR District- West Champaran ====================================================== Ramesh Bidrohi @ Dinesh Ji @ Aditya son of Late Krishna Prasad VillageGulzarbagh Dakshin Tola, P.S-Siwan, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-07-2024

1. Heard the learned counsel for the petitioner and learned APP for the State.

2. This is an application for grant of regular bail in connection with Valmikinagar P.S. Case No.64 of 2018, Tr.No.10 of 2023, registered for offences under Sections 341, 448, 323, 325, 302, 504 and120(B) of the IPC and Section 27 of the Arms Act and Sections 10, 13, 16, 18 and 20 of U.A.P. Act

3. The allegation is regarding the maobadis having attacked the home of Mukhiya, namely, Manoj Singh whereafter, the police force were informed and they had gone to the place of occurrence where they saw that the Mukhiya, namely, Manoj Singh had been murdered by Maobadis. The son of the deceased and other persons present at the place of

Patna High Court CR. MISC. No.22476 of 2024(2) dt.12-07-2024 2/3 occurrence had disclosed that 10-15 maobadis along with 2-3 ladies had come to the place of occurrence with arms and shot dead the Mukhiya. It is further alleged that the spy has given information about the accused persons including the petitioner herein having been involved in the said occurrence.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in two other cases but he is on bail in both the said cases and he is languishing in custody since 19.12.2023. It is also submitted that merely on suspicion, the petitioner has been roped in the present case whereas the fact is that the petitioner has got no complicity in the alleged occurrence. In fact some other co-accused persons have also been granted bail by coordinate Benches of his Court, vide orders dated 09.07.2019 and 14.01.2020, passed in Cr.Misc. No.41023 of 2019 and Cr.Misc. No.85747 of 2019, respectively.

5. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, considering the submissions made by the learned

Patna High Court CR. MISC. No.22476 of 2024(2) dt.12-07-2024 3/3 counsel for the parties, taking into account the materials available on record and the fact that a general and omnibus allegation has been levelled qua the petitioner herein, apart from considering the parity of the case of the petitioner with that of the co-accused persons, who have already been granted bail by this Court and by co-ordinate Benches of this Court, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

7. Accordingly, the above named petitioner is directed to be enlarged on regular bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 3rd, Bagaha, West Champaran in connection with Valmikinagar P.S. Case No.64 of 2018, Tr.No.10 of 2023. (Mohit Kumar Shah, J) Saurav/- U T