Rahul Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54046 of 2021 Arising Out of PS. Case No.-127 Year-2020 Thana- JALALPUR District- Saran ====================================================== 1.

RAHUL KUMAR RAM SON OF DULARCHAND RAM RESIDENT OF VILLAGE- SAREYA HARDI TOLA, P.S- BANIYAPUR, DIST- SARAN (CHAPRA) 2.

PAPPU KUMAR RAM SON OF LALDEO RAM RESIDENT OF VILLAGE- SAREYA HARDI TOLA, P.S- BANIYAPUR, DIST- SARAN (CHAPRA) ... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

This is the second attempt of the petitioners moving before this Court for bail. Earlier vide detailed order dated 12.04.2021 passed in Cr. Misc. No.2365 of 2021, the prayer for bail of the petitioners was rejected.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They are quite innocent and have been falsely implicated in this case. They are neither named in the F.I.R. nor were apprehended on the spot. No incriminating article has been recovered from their conscious physical possession. The allegation levelled against

Patna High Court CR. MISC. No.54046 of 2021(3) dt.27-10-2021 2/2 the petitioners is not specific rather general and omnibus in nature. There is nothing in the record indicating the complicity of the petitioners in the occurrence barring the confessional statement of co-accused, Vikash Kumar @ Kuchal, which has no evidentiary value in the eye of law. There is no eye witness in the case. The charges have been framed in this case on 25.08.2021. The petitioners have no criminal antecedent and have been languishing in custody since 22.07.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Jalalpur P.S. Case No.127 of 2020, corresponding to Sessions Trial No.428 of 2020. (Anjani Kumar Sharan, J) Trivedi/- U T