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Patna High CourtCR. MISC./53995/2023bail granted

Ram Kewal Ram v. The State Of Bihar

2023-08-16Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53995 of 2023 Arising Out of PS. Case No.-514 Year-2021 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== RAM KEWAL RAM SON OF LATE TUFANI RAM RESIDENT OF VILLAGE- KHANAW, PS- BHABHUA, DISTT- KAIMUR (BHABHUA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Alka Singh, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-08-2023 Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in connection with Bhabhua P.S. Case no. 514 of 2021 registered under sections 364 and 34 of the Indian Penal Code to which sections 302 and 201 of the Indian Penal Code were added subsequently.

3. As per the prosecution case, it is stated by the informant that his son disappeared. On calling on his mobile phone, his mobile phone was coming as switched off. It is further stated that on search, it transpired that he used to visit the house of the petitioner and the other co-accused person and it appeared that they had hidden him.

It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide

Patna High Court CR. MISC. No.53995 of 2023(2) dt.16-08-2023 2/2 order dated 11.1.2023 passed in Cr. Misc. no. 22728 of 2022 giving liberty to the petitioner to renew his prayer for bail after framing of charge or after five months, whichever is later. It is submitted that as would be evident from the order of the learned trial Court, charge has been framed. The petitioner is in custody since 30.9.2021.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the observation in the earlier order of rejection dated 11.1.2023, charge having been framed in the learned trial Court and the petitioner having remained in custody for more than 1 year 10 months since 30.9.2021, the Court directs the petitioner to be enlarged on bail in connection with S.Tr. no. 138 of 2022 (arising out of Bhabhua P.S. Case no. 514 of 2021) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IX, Kaimur at Bhabhua. (Partha Sarthy, J) Prakash/- U