Rahul Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2365 of 2021 Arising Out of PS. Case No.-127 Year-2020 Thana- JALALPUR District- Saran ====================================================== 1.

RAHUL KUMAR RAM S/o Dular Chand Ram R/o Village- Sareya, Hardi Tola, P.S.- Baniapur, District- Saran, Chhapra. 2.

Pappu Kumar Ram S/o Lal Dev Ram R/o Village- Sareya, Hardi Tola, P.S.- Baniapur, District- Saran, Chhapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mrs.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. The petitioners seek bail in connection with Jalalpur P.S. Case No.127 of 2020 registered for the offence punishable under Sections 302, 201 of the IPC.

The prosecution case in short is that police recovered dead bodies of one unknown lady and two unknown children lying away from the canal. The dead body of lady and a child was having half cut neck marks and the other child was killed by pressing his neck.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case and have

Patna High Court CR. MISC. No.2365 of 2021(3) dt.12-04-2021 2/2 not committed any offence as alleged in the FIR. Petitioners were not named in the FIR and it is during investigation, on the basis of confessional statement of the co-accused namely Vikash Kumar @ Kuchal, their name appeared in the case. The petitioners have no criminal antecedent and have been languishing in custody since 27.07.2020.

Learned APP for the State opposed the prayer for bail and submitted that on perusal of para-74 of the case diary, it is evident that the said knife by which murder was committed, was recovered on the basis of the confessional statement of the accused persons itself.

Considering the facts aforesaid, since there is recovery of the weapon of murder on the confessional statement of the accused persons, I am not inclined to enlarge the petitioners on bail at this stage.

Accordingly, the prayer for bail of the petitioners is hereby rejected.

(Anjani Kumar Sharan, J) pallavi/- U T