Ram Bachan Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50352 of 2023 Arising Out of PS. Case No.-137 Year-2023 Thana- GOPALPUR District- Patna ====================================================== RAM BACHAN RAY S/O RAJ BALLAV RAI R/O VILLAGE- BAIRYA PS. GOPALPUR, DIST. PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s :
Umeshanand Pandit , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 363 , 365 , 302, 201 and 34 of the IPC .
3. As per the prosecution case, this petitioner along with other co-accused persons committed murder of the son of the informant.
4. It is submitted that the name of the petitioner transpired on the confessional statement of other co-accused person. Except confessional statement there is no material available on record to show the complicity of the petitioner in the case . It is next submitted that the petitioner is patient of mental disorder and is under treatment of doctor. Petitioner
Patna High Court CR. MISC. No.50352 of 2023(3) dt.01-11-2023 2/2 claims clean antecedent.
5. However, learned counsel for the state opposes the prayer and submits that the name of the petitioner transpired during the course of the investigation, where it has come that said Richa Kumari had talked with said Karan Kumar through Mobile of her father 4-5 times on the alleged night of crime, which was recovered. Her brother Ashish Kumar, who was apprehended, has confessed his guilt regarding the murder of Karan Kumar, giving a detailed confessional statement via Para50 in which he stated that he, along with the petitioner, committed the murder of said Karan Kumar and threw his dead body in the river Ganges from Pipapul in Pakki Dargah.
6. Considering the nature of accusation and gravity of offence , prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T