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Patna High CourtCR. MISC./21579/2019bail granted

Sanjay Kumar @ Ram Kumar v. The State Of Bihar

2019-05-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21579 of 2019 Arising Out of PS. Case No.-322 Year-2018 Thana- RANIYATALAB District- Patna ====================================================== 1.

SANJAY KUMAR @ RAM KUMAR S/o Late Baldeo Ram R/o villageRaghunathpur, P.S.- Rani Talab, District- Patna 2.

Rohit Kumar S/o Rajesh Prasad R/o Mohalla- Nala Road, Near Petrol Pump, P.S.- Kadamkuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ram Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-05-2019 Heard learned counsel for the petitioners and the State. The petitioners seek bail in Rani Talab P.S. Case No. 322 of 2018, instituted for the offence under Section (s) 302 and 120(B)/34 of the Indian Penal Code.

It is alleged in the written report that son of the informant became traceless. Later on his dead body was found in the field of Amarjet Yadav near brick kiln, towards east from village Kanpa and west from village Gopalpur.

Counsel for the petitioner submits that there is no eye witness in the case. Petitioners are in custody since 15.1.2019. He further submits that petitioners have been implicated in the instant case merely on suspicion.

The learned Additional Sessions Judge has mentioned in

Patna High Court CR. MISC. No.21579 of 2019(2) dt.30-05-2019 2/2 the impugned order that involvement of the petitioners has come during investigation. In paragraphs 38 and 39 of the case diary, the witnesses have stated that deceased was found with the daughter of Dhananjay Kumar. The brother of Dhananjay Kumar namely, Sanjay Kumar in conspiracy with other co-accused committed murder of the deceased. Petitioner No. 1 is brother of Dhananjay Kumar.

As such, mere suspicion has been raised against the petitioners.

Petitioners are in custody since 15.1.2019.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri P.K. Malviya, learned Judicial Magistrate, Danapur, in connection with Rani Talab P.S. Case No. 322 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioners. (Sanjay Priya, J) S.Ali/- U T