Bijendra Hembram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28105 of 2022 Arising Out of PS. Case No.-359 Year-2019 Thana- RANIGANJ District- Araria ====================================================== BIJENDRA HEMBRAM SON OF MANIK LAL HEMBRAM R/O VILLAGE- BELGACHHI, WARD NO.-2, P.S.- RANIGANJ, DISTRICTARARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Madan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-11-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 201 read with 34 of the Indian Penal Code.

As per the prosecution case, the informant received information that the villagers have beaten his sister to death and have burned the body. Upon reaching the place of occurrence, the villagers as well as media persons told the informant that the co-accused persons along with 20-25 other unknown persons

Patna High Court CR. MISC. No.28105 of 2022(2) dt.09-11-2022 2/3 have killed his sister and with the intention to hide the evidence, have burned the body.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The name of the petitioner is not mentioned in the F.I.R. The name of the petitioner has surfaced during the course of investigation. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 05.06.2020 passed in Cr. Misc. No. 6498 of 2020. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.12.2021. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances as well as the period of detention of the case, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Raniganj P.S. Case No. 359 of 2019.

Patna High Court CR. MISC. No.28105 of 2022(2) dt.09-11-2022 3/3 The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T