Bhukhal Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32147 of 2023 Arising Out of PS. Case No.-174 Year-2016 Thana- MAJHAULIA District- West Champaran ====================================================== Bhukhal Ram, Son of Late Mukul Ral Resident of Village - Bathna, P.S. - Majhaulia, Distt. - West Champaran ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Narayan Singh, Advocate Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP For the Informant :

Mr. Avinash Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-06-2023 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the State and learned counsel appearing on behalf of the informant. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Majhaulia P.S. Case No. 174 of 2016 registered for the offence under Sections 302 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 02.03.2023.

The allegation against the petitioner is to commit murder of seven years old son of informant alongwith other coaccused persons.

Patna High Court CR. MISC. No.32147 of 2023(2) dt.28-06-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that the son of informant was last seen with coaccused, Munna Ram, where implication of this petitioner appears on the basis of suspicion as he is the family member of said co-accused Munna Ram. It is submitted that even from the face of FIR, save and except suspicion, nothing surfaced against this petitioner as to connect him with present occurrence. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, duly assisted by learned counsel Mr. Avinash Raj appearing on behalf of the informant, while opposing the prayer of bail submitted that the petitioner found seen with co-accused Munna Ram carrying the son of informant in his lap.

Considering the facts and circumstances as mentioned above, as deceased last seen with co-accused, Munna Ram, where the name of this petitioner appears to be surfaced on the basis of suspicion, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 02.03.2023 accordingly, petitioner above named, is directed to

Patna High Court CR. MISC. No.32147 of 2023(2) dt.28-06-2023 3/3 be released on bail in connection with Majhaulia P.S. Case No. 174/2016 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T