Prem Chand Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52554 of 2022 Arising Out of PS. Case No.-59 Year-2021 Thana- SISWAN District- Siwan ====================================================== PREM CHAND RAM, S/o Shrawan Ram, R/o village- Mubarakpur, Chainpur, P.S.- Siswan, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Siswan P.S. Case No. 59 of 2021 registered for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, some unknown persons committed murder of the informant's husband.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. He has further submitted that the petitioner is not named in the

Patna High Court CR. MISC. No.52554 of 2022(2) dt.16-01-2023 2/2 F.I.R. and the name of the petitioner has sprung up in the confessional statement of one co-accused Amit Yadav. The similarly situated co-accused persons namely, Dayal Sharan Singh and Suresh Chauhan have been granted bail by different Coordinate Benches vide orders dated 07.06.2022 and 30.03.2022 passed in Cr. Misc. No. 8651 of 2022 and 42687 of 2021. The petitioner has got clean antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in connection with Siswan P.S. Case No. 59 of 2021, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. The application stands allowed.

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