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Patna High CourtCR. MISC./27803/2023bail granted

Ravi Ranjan Kumar v. The State Of Bihar

2023-06-07Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27803 of 2023 Arising Out of PS. Case No.-214 Year-2022 Thana- KAKO District- Jehanabad ====================================================== RAVI RANJAN KUMAR, Son of Raj Kishore Prasad @ Saheb Lal, Resident of village - Paigambarpur, P.S.- Kako, District - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Shakir Ahmad, Advocate Mr. Umesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kako P.S. Case No. 214 of 2022, lodged on 10.10.2022 under Sections 341, 323, 326, 307, 427, 504, 506/34 of the Indian Penal Code subsequently section 302 of the Indian Penal Code was also added.

3. As per the prosecution, allegation against the petitioner and other accused is that they have killed the deceased by pouring petrol on him.

4. Learned counsel for the petitioner submits the

Patna High Court CR. MISC. No.27803 of 2023(2) dt.07-06-2023 2/3 petitioner is innocent and has committed no offence. There are strong contradiction in the post-mortem report regarding cause of death and the mode of occurrence. He further submits that the burn has been shown only 41 % and the cause of death has been opined as cardiac arrest.

5. Learned APP for the State opposes the prayer for regular bail of the petitioner.

6. Learned counsel for the informant vehemently opposes the prayer for bail of the petitioner and submits that in the injury as well as post-mortem report the deceased was found burnt which supports the prosecution theory.

6. In the present facts and circumstances of the case, I am not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Kako P.S. Case No.214 of 2022, pending before the learned SDJM, Jehanabad is hereby rejected.

8. However, the petitioner would be at liberty to renew the prayer for bail before the trial Court after framing of charge. The trial Court shall release the petitioner after framing of charge by imposing its own condition so that the petitioner may not evade appearance before the trial Court on the date fixed.

Patna High Court CR. MISC. No.27803 of 2023(2) dt.07-06-2023 3/3

9. With this observation, the bail application stands disposed of.

(Dr. Anshuman, J) Ashwini/- U