Ram Ekbali Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52579 of 2018 Arising Out of PS.Case No. -68 Year- 2018 Thana -RAJEPUR District- EASTCHAMPARAN (MOTIHARI) ====================================================== Ram Ekbali Singh, Son of late Deodhar Singh, Resident of VillageKadma, P.S. Rajepur, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Rajepur P.S. Case No. 68 of 2018, registered for offences alleged under Sections 302/ 120 B/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the husband of the informant had left the house saying that he had been called by co-villagers, Chandan Singh, son of Amar Lal Singh. When the informants' husband did not return, the informant went to the house of Chandan Singh where she found that 11 named accused persons were sitting lashed with arms. On a query made by the

Patna High Court Cr.Misc. No.52579 of 2018 (3) dt.28-09-2018 2/3 informant they told her that her husband had gone about half an hour back. The informant returned to her house, but when her husband did not came back. In the morning she came to know that her husband has been murdered near Samarasha Kadma, Siwan, situated north to her house. It is alleged that the name accused persons had conspired to kill the husband. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case as there is no evidence save and except that the informant has raised suspicion alleging that the petitioner was one of the persons sitting at the door of Chandan Singh and lashed with firearms. No firearm has been attributed to this petitioner.

In this case, the case diary has been received and the Learned APP for the State has gone through the same. In course of investigation, however, no witness has come forward to say that this petitioner had any enmity with the husband of the informant. In course of investigation, rather it has come that there was some litigation going on with the family of one Upendra Paswan and Bacha Paswan.

Considering the facts and circumstances of the case, wherein, it is submitted that the petitioner has been falsely implicated in this case on mere suspicion and there is no material collected against him in course of investigation, let the petitioner,

Patna High Court Cr.Misc. No.52579 of 2018 (3) dt.28-09-2018 3/3 above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Sadar, East Champaran at Mothari, in connection with Rajepur P.S. Case No. 68 of 2018, subject to the conditions U/S 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J) R.R.Ojha.

U T