Birendra Ram @ Virendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44020 of 2023 Arising Out of PS. Case No.-414 Year-2020 Thana- SAHPUR District- Bhojpur ====================================================== BIRENDRA RAM @ VIRENDRA RAM S/O AMBIKA RAM R/O VillageShivpur, P.S- Shahpur, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate :

Mr. Vinod Shankar Modi, Advocate For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-07-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Shahpur P.S. Case No.414 of 2020 dated 11.12.2020 registered for the offence(s) punishable under Section(s) 147, 148, 149, 452, 323, 354(B), 302, 379 and 506 of the Indian Penal Code.

3.

The main submissions advanced by learned counsel for the petitioner are that the petitioner is not named in the FIR and co-accused persons namely Bir Bahadur Ram, Suraj Ram, Harendra Ram and Abhishek Kumar Ram have been granted bail by co-ordinate Benches of this Court vide orders passed in Cr. Misc. Nos.39247 of 2021, 32934 of 2021 and

Patna High Court CR. MISC. No.44020 of 2023(2) dt.24-07-2023 2/2 37567 of 2021 respectively and the petitioner's case stands on better footing from them as he is not named in the FIR and he has fair and clean antecedent and he has been languishing in jail since 18.04.2022 and against him the investigation has been completed. Further submission is that against the petitioner there is no direct or indirect evidence to connect him to the alleged crime of murder.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Having regard to the facts and circumstances of this case and considering the above submissions, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Shahpur P.S. Case No.414 of 2020 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T