Ramesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26244 of 2025 Arising Out of PS. Case No.-32 Year-2024 Thana- PUNAURA District- Sitamarhi ====================================================== Ramesh Rai Son of Late Achelal Rai Resident of Village - Mirzapur, Police Station - Punaura, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhusudan Rai, Advocate For the Opposite Party/s :

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

2. The petitioner seeks bail in connection with Punaura P.S. Case No. 32 of 2024 instituted for the offences under Sections 304, 34 of the Indian Penal Code.

3. Earlier, vide order dated 19.12.2024 passed in Cr. Misc. No. 77073 of 2024, the prayer for grant of anticipatory bail to the petitioner was rejected.

4. Prosecution case, in short, is that, local chowkidar gave information that he, while patrolling, saw a partially burnt body in a pit at Mirzapur cremation ground which he suspected to be the remains of a body secretly disposed of by unknown

Patna High Court CR. MISC. No.26244 of 2025(3) dt.07-07-2025 2/3 persons.

5. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Kapileshwar Rai who has already been granted bail by this Court vide order dated 25.09.2024 passed in Cr. Misc. No. 44817 of2024. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.01.2025 and has no criminal antecedent.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.26244 of 2025(3) dt.07-07-2025 3/3 below/concerned Court in connection with Punaura P.S. Case No. 32 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T