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Patna High CourtCR. MISC./63061/2021bail granted

Keshav Uranw v. The State Of Bihar

2022-03-25Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63061 of 2021 Arising Out of PS. Case No.-47 Year-2021 Thana- SIMRA District- West Champaran ====================================================== 1.

Keshav Uranw S/O Yamuna Uranw R/O Village-Ramavaliya, P.S-Semara, District-West Champaran.

2.

Krishna Uranw S/O Keshav Uranw R/O Village-Ramavaliya, P.S-Semara, District-West Champaran.

3.

Kani Devi W/O Keshav Uranw R/O Village-Ramavaliya, P.S-Semara, District-West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Milind Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-03-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioner nos. 1 and 2 are in custody since 28.04.2021, petitioner no.3 is a lady and is in custody since 26.05.2021, are persons with clean antecedent and charge-sheet has been submitted in the case.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.63061 of 2021(2) dt.25-03-2022 2/3 informant alleges that his cousin brother (deceased) was called by villagers of Rambaliya village for getting occult treatment. It is further alleged that the informant was informed by Baidyanath Ram that his brother was killed by named accused persons including the petitioner, accordingly the informant reached the hospital and saw marks of assault on the body of the deceased. The informant further alleges that the deceased on 26.04.2021 had disclosed that he was going to the house of Ramesh Uraon at Rambaliya village for getting occult treatment.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case and the informant is not an eye-witness to the occurrence, further it absolutely does not stand to reason that as to why the F.I.R. was not instituted by Baidyanath Ram who had given information to the informant about the occurrence, nor the statement of Baidyanath Ram has been recorded. It is further submitted that co-accused Ramesh Uraon has been granted bail vide order dated 08.03.2022 passed in Cr. Misc. No. 59325 of 2021 and coaccused Rudal Ram and Rabri Devi have been granted bail vide order dated 18.01.2022 passed in Cr. Misc. No. 47781 of 2021. Learned A.P.P. for the State vehemently opposes the

Patna High Court CR. MISC. No.63061 of 2021(2) dt.25-03-2022 3/3 prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody, charge-sheet has been submitted in the case, the petitioners are persons with clean antecedent and taking into consideration the submissions made by the learned counsel for the petitioners, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten 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 Semara P.S. Case No. 47 of 2021.

(Satyavrat Verma, J) Rishi/- U T