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Patna High CourtCR. MISC./22728/2022bail rejected

Ram Kewal Ram v. The State Of Bihar

2023-01-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22728 of 2022 Arising Out of PS. Case No.-514 Year-2021 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== RAM KEWAL RAM S/o Late Tufani Ram R/o Khanaw, P.S.- Bhabhua, District- Kaimur (Bhabhua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Alka Singh, Advocate Mr. Binod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 364 and 34 of the Indian Penal Code to which sections 302 and 201 of the Indian Penal Code were added subsequently.

As per the prosecution case, it is stated by the informant that his son disappeared. On calling on his mobile phone, his mobile phone was coming as switched off. It is further stated that on search, it transpired that he used to visit the house of the petitioner and the other co-accused person and it appeared that they had hidden him.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case on the

Patna High Court CR. MISC. No.22728 of 2022(3) dt.11-01-2023 2/2 basis of unfounded suspicion. It has wrongly been stated that the dead body of the son of the informant was recovered on this petitioner's confessional statement. The petitioner is in custody since 30.9.2021 and charge-sheet has been submitted in the case. Co-accused Ram Narayan Ram has been enlarged on bail vide order dated 22.12.2022 passed in Cr. Misc. no. 12632 of 2022.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation especially the dead body of the son of the informant having been recovered on the confessional statement of this petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Liberty is granted to the petitioner to renew his prayer for bail after framing of charge or after 5 months whichever is later.

(Partha Sarthy, J) avinash/- U T