Ram Bharos Paswan @ Ram Bharosh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28745 of 2023 Arising Out of PS. Case No.-298 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== Ram Bharos Paswan @ Ram Bharosh S/O Amrit Paswan R/O Village- Dih Borea, P.S- Bibhutipur, Distt.- Samastipur.

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bibhutipur P.S. Case No. 298 of 2022 registered on 24.07.2022 lodged under Sections 302, 201, 120B of the I.P.C. As per the prosecution case, the F.I.R. has been lodged against the four named accused persons. It has been alleged that the husband of the informant left house intimating that he would return in one hour. Subsequently, the informant received information that the cycle of the informant's husband was seen near a Dam and her husband was missing, due to which the informant felt conspiracy behind it due to previous

Patna High Court CR. MISC. No.28745 of 2023(2) dt.07-06-2023 2/3 enmity and named four accused persons with the allegation that they had killed her husband and disappeared his body. Learned counsel for the petitioner submits that there is no specific allegation made in the F.I.R. against any of the accused persons, whose names are given in the F.I.R. Counsel for the petitioner submits that the name of the petitioners have been figured in this case only and only on the basis of the suspicion.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 19.11.2022 having clean antecedent and one co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 28.04.2023 in Cr. Misc. 3242 of 2023.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Rosera in connection with Bibhutipur P.S. Case No. 298 of

Patna High Court CR. MISC. No.28745 of 2023(2) dt.07-06-2023 3/3 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ashishsingh/- U T