Dulo Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43797 of 2023 Arising Out of PS. Case No.-172 Year-2021 Thana- ALOULI District- Khagaria ====================================================== DULO RAM, Son of Late Bhola Ram, Village- Mehsauri P.S.- Muffasil DistKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, 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 Alauli P.S. Case No. 172 of 2021, dated 22.05.2021registered for the offences punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The main submissions advanced by learned counsel Mr. Ranjeet Kumar Singh appearing for the petitioner are that the petitioner is not named in the FIR, names of the accused persons who committed the alleged crime and the manner of occurrence are clearly described in the FIR but petitioner's name does not find place in any manner in the FIR in the alleged occurrence, in fact petitioner was caught with victim's motorcycle for which an Excise Case No. 111C3 of 2021 was lodged and mainly on account of the said reason he

Patna High Court CR. MISC. No.43797 of 2023(2) dt.24-07-2023 2/2 has been suspected to be involved in the alleged crime of murder but except this there is no any other material against the petitioner to connect him to the alleged crime and informant is not the eye-witness and he only raised suspicion in the FIR and the petitioner has been languishing in jail since 23.04.2023 and against him the investigation has been completed.

4. Learned APP Mr. Rana Randhir Singh appearing for the State opposes the prayer for bail.

5. Having regard to the facts and circumstances of this case, considering the above submissions and mainly the fact that the petitioner is not named in the FIR and the informant is not the eye-witness of the alleged murder and he has raised suspicion against five accused persons in which the petitioner's name did not find place, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Alauli P.S. Case No. 172 of 2021.

(Shailendra Singh, J.) Maynaz/- U T