Niranjan Ram @ Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28111 of 2022 Arising Out of PS. Case No.-62 Year-2021 Thana- KARAMCHAT District- Kaimur (Bhabua) ====================================================== NIRANJAN RAM @ NIRANJAN KUMAR, Son of Nebo Lal Ram, Resident of Village - Karnpura, P.s.- Chenari, Distt.- Rohtas at Sasaram. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 29823 of 2022 Arising Out of PS. Case No.-62 Year-2021 Thana- KARAMCHAT District- Kaimur (Bhabua) ====================================================== KAMLESH KUMAR @ KAMLESH RAM, SON OF RAMAKANT RAM, R/O VILLAGE- KARNPURA, P.S.- CHENARI, DISTRICT- ROHTAS AT SASARAM ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 28111 of 2022) For the Petitioner/s :

Mr. Vikram Deo Singh, Advocate Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP (In CRIMINAL MISCELLANEOUS No. 29823 of 2022) For the Petitioner/s :

Mr. Vikram Deo Singh, Advocate Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-01-2023 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 302, 201 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the

Patna High Court CR. MISC. No.28111 of 2022(3) dt.16-01-2023 2/3 informant that on receiving information about the discovery of a dead body, he went to the place where the dead body was found. None of the persons gathered there could identify the deceased who appeared to be as 26 year old and it further appeared that he had been strangulated with the help of a towel. It is submitted by learned counsel for the petitioners that the F.I.R was registered against unknown. The petitioners were falsely implicated in course of investigation in the confessional statement of co-accused Rajesh Ram made before police which is inadmissible. As per the confessional statement the said Rajesh Ram was having an affair with the wife of the deceased. The petitioners are in custody since 27.12.2021 and have no criminal antecedent.

The application for bail of the petitioners is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of material that has transpired in course of investigation, there being no direct material to connect the petitioners with the alleged crime together with the petitioners having remained in custody for over 1 year since 27.12.2021, both the petitioners are directed to be enlarged on bail in connection with Karamchat P.S. Case no.

Patna High Court CR. MISC. No.28111 of 2022(3) dt.16-01-2023 3/3 62 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Bhabhua, Kaimur.

(Partha Sarthy, J) avinash/- U T