Gopi Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36021 of 2021 Arising Out of PS. Case No.-328 Year-2020 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== GOPI RAM S/o Late Mannu Ram Resident of Village- Kharigawan, P.S.- Chainpur, District- Kaimur (Bhabua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Pandey, Advocate For the Opposite Party/s :

Mr. Syed Eheshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated that the husband of the informant who had gone to the market did not return. Later on Kanhaiya Ram and 6-7 other accused persons brought him in an unconscious condition stating that he was drunk. After sometime people realised that he had died. He had a mark around his neck.

It is submitted by learned counsel for the petitioner that the FIR was registered against Kanhaiya Ram and 6-7 unknown accused persons. The name of the petitioner transpired in the confessional statement of co-accused Kanhaiya Ram. It is

Patna High Court CR. MISC. No.36021 of 2021(2) dt.21-12-2021 2/2 submitted that there is no other material against the petitioner who is a 70 year old man. He is in custody since 7.3.2021 and has no criminal antecedent. Chargesheet has been submitted in the case. It is lastly submitted that the case of the petitioner stands on a similar footing to that of co-accused Amit Ram who has been enlarged on bail vide order dated 27.7.2021 passed in Cr. Misc. No. 16133 of 2021.

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

Having heard learned counsel for the parties and taking into consideration the facts of the case, grant of bail to co-accused Amit Ram and the petitioner having remained in custody for more than 9 months, the petitioner is directed to be enlarged on bail in connection with Chainpur P.S. Case no.328 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhabhua, Kaimur.

(Partha Sarthy, J) Spd/- U T