Hareram Tatwa @ Hareram Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48555 of 2021 Arising Out of PS. Case No.-138 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== HARERAM TATWA @ HARERAM PRASAD Son of Late Vilas Tatwa Resident of Village- Baligaon, P.S.- Ayer, District- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar For the Opposite Party/s :
Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-11-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.
As per the prosecution case, on 04.04.2021 uncle of informant went with this petitioner thereafter he did not return. On 06.04.2021 this petitioner disclosed to the informant that dead body of his uncle is lying at Badhar of Ugna village and on such informant went there and found dead body of his uncle. The informant suspects that this petitioner committed the murder of his uncle.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. There is no eye witness of the occurrence and it is a case
Patna High Court CR. MISC. No.48555 of 2021(2) dt.23-11-2021 2/2 of circumstantial evidence as petitioner was last seen with deceased. It is further submitted that there is no enmity or motive for killing the deceased and only on conjecture and surmises petitioner has been made accused in this case. Petitioner claims clean antecedent and is in custody since 07.04.2021 and investigation in this case is complete. Learned counsel appearing for the State opposes the prayer for bail.
Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bhojpur, Ara in connection with Jagdishpur PS case No.138/2021. (Prabhat Kumar Singh, J) BKS/- U T