Atma Rai @ Shankar Ramiswar Yadav @ Aatma Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47533 of 2025 Arising Out of PS. Case No.-6 Year-2008 Thana- SAHPUR District- Patna ====================================================== Atma Rai @ Shankar Ramiswar Yadav @ Aatma Rai Son of Late Ram Iswar Yadav R/O Village- Hetanpur West Tola, P.S.- Shahpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Shahpur P.S. Case No. 06/2008 dated 15.01.2008 registered for the offence punishable u/s 302, 201 and 120B of the Indian Penal Code.

3. As per the prosecution case, the informant has alleged that due to dispute with the petitioner in Delhi, the petitioner along with the co-accused persons committed murder of the informant's brother, Shrawan Kumar and threw his dead body in river Ganga.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.47533 of 2025(4) dt.16-09-2025 2/3 this case on mere suspicion. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. Learned counsel has submitted that the process of 82 and 83 of the Cr.P.C. have been issued against the petitioner on 03.03.2025, thereafter, the petitioner surrendered before the court on 25.03.2025. It is further submitted that there is no eye witnesses of the alleged occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the deceased was last seen with the petitioner at Delhi railway station. As per the post mortem report, the cause of death is due to head injury, haemorrhage and shock caused by sharp cutting weapon.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of offence against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Shahpur P.S. Case No. 06/2008, pending in the court of learned Judicial Magistrate 1st Class, Danapur, Patna.

Patna High Court CR. MISC. No.47533 of 2025(4) dt.16-09-2025 3/3

7. This application stands rejected.

(Chandra Prakash Singh, J) atul/- U T