Chandan Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27693 of 2020 Arising Out of PS. Case No.-67 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Chandan Ram Son of Bharat Ram Resident of Village - Raghunathpur, Police Station - Raghunathpur (O.P.), District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar No 7, Adv.
For the Opposite Party/s :
A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-12-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for regular bail has been filed by the petitioner in connection with Turkaulia (Raghunathpur O.P.) P.S. Case No.67 of 2019 registered under sections 302, 394 and 34 of the Indian Penal Code. As per allegation in the FIR, it is stated by the informant that while his brother who was working as a Manager in a Finance Company was returning after collecting certain amounts, the informant received information that unknown accused persons had shot at him as a result of which he died. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.27693 of 2020(3) dt.01-12-2020 2/3 that the F.I.R. was registered against unknown. The name of the petitioner transpired in course of investigation when he was firstly named by the local spy of the police. On a raid being conducted he was found absconding. It is further submitted that subsequently he was apprehended from his home from which allegedly illegal arms was recovered for which a separate F.I.R. was registered. It is submitted that in the said F.I.R. registered under the Arms Act, the petitioner has been enlarged on bail. With respect to the instant case it is submitted that a confessional statement has been recorded by the police which is also exculpatory in nature and as per which it was Sandeep Kumar who had fired on the brother of the informant. It is submitted that the petitioner is in custody since 28.3.2019. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the petitioner being in custody since 28.3.2019, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Turkaulia (Raghunathpur O.P.) P.S. Case No.67 of 2019 on his furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand)
Patna High Court CR. MISC. No.27693 of 2020(3) dt.01-12-2020 3/3 with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran.
(Partha Sarthy, J) Bibhash/- U T