Ramesh Soren @ Ramka Soren v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57875 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== Ramesh Soren @ Ramka Soren S/o Bishun Soren R/o Village-Khijriya (Tarona Wairawa), P.S.-Belhar, District-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Laxmipur P.S. Case No. 11 of 2023 registered on 07.01.2023 for the alleged offences under Sections 302, 324, 364, 201/34 of the I.P.C.

3. As per prosecution case, the son and the brother-inlaw of the informant went missing and later on, informant came to know that his son was kept confined in the forest whereas, his brother-in-law was murdered by co-accused Akash Hansda and other unknown persons. The name of the petitioner transpired during investigation for being involved in the aforesaid occurrence.

4. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.57875 of 2023(3) dt.09-11-2023 2/3 petitioner is innocent and has been falsely implicated in this case. He has been made accused merely on suspicion. The son of the informant was recovered and his statement was recorded under Section 164 of Cr.P.C. wherein he specifically named coaccused Akash Hansda but did not name this petitioner. The coaccused Akash Hansda has motive of killing the brother-in-law of the informant as deceased was having illicit relationship with the wife of co-accused. This petitioner has no such motive, he has nothing to do with the alleged incident. The petitioner is in custody since 01.02.2023 and charge-sheet has been submitted but charge-sheet has not been framed. Learned counsel further submits that petitioner is accused in two criminal cases and he is on bail in both the cases.

5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that though the name of the petitioner has not been specifically mentioned in the statement of the victim for killing the brother-in-law of the informant still from the same statement, it appears that four persons helped the co-accused Akash Hansda in killing and disposing of the body of the brother-in-law of the informant.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the

Patna High Court CR. MISC. No.57875 of 2023(3) dt.09-11-2023 3/3 fact about distinct lack of substantive material against the petitioner to connect him with the offence as alleged and further considering the period of custody of the petitioner and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Laxmipur P.S. Case No. 11 of 2023, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) annpurna/- U T