Ram Swarup Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27132 of 2025 Arising Out of PS. Case No.-305 Year-2023 Thana- ROSHANGANJ District- Gaya ====================================================== Ram Swarup Bhuiyan S/o- Suraj Bhuiyan R/o- Diguriya Ps- Bankey Bazar Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-07-2025 Heard learned counsel for the petitioner, Mr. Choubey Jawahar, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Roushanganj (Bankebazar) P.S. Case No. 305 of 2023, instituted for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons murdered the daughter of the informant and disappeared the dead body of the deceased.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case merely on the basis of suspicion. Learned counsel for the

Patna High Court CR. MISC. No.27132 of 2025(3) dt.08-07-2025 2/3 petitioner further submitted that the petitioner is the husband of the deceased. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. There is no eye-witness to the alleged occurrence. The postmortem report does not support the prosecution case. The police arrested the petitioner and took his confessional statement which has no evidentiary value in the eye of law. There is also no motive of the petitioner to commit murder of the deceased. The petitioner is in custody since 25.05.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. He further submits that there is specific allegation against the petitioner of committing murder of the Informant's daughter and, he along with others, have disappeared the dead body of the deceased by deserted her body in a dig and put salt over her dead body for its decomposition in the soil. The petitioner has also confessed his indulgence in the killing of the Informant's daughter in his confessional statement. Charge-sheet has been submitted in this case. He further submits that the prayer for bail of the coaccused namely Suraj Bhuiyan has already been rejected by this Court vide order dated 31.07.2024 passed in Cr. Misc. No.

Patna High Court CR. MISC. No.27132 of 2025(3) dt.08-07-2025 3/3 40339 of 2024.

6. Considering the nature of accusation against the petitioner and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. The learned Trial Court is directed to expedite the trial expeditiously. However, if the trial is not concluded within a period of one year from the date of receipt/production, the petitioner will have liberty to renew his prayer for bail in the Court below.

(Rudra Prakash Mishra, J) rishi/- U T