Ram Bharos Kunwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57560 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAM BHAROS KUNWAR SON OF RAM SURAT KUNWAR @ RAM SURAT KUMAR RESIDENT OF VILLAGE- KAITHMA, PS- MUFFASIL, DIST- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shubhesh Pandey For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 201, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, the petitioner and the coaccused persons along with some unknown miscreants in connivance with one another committed murder of the informant's grandson and disappeared his dead body.
Patna High Court CR. MISC. No.57560 of 2023(2) dt.01-09-2023 2/3
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Chandan Kumar, which has got no evidentiary value in the eyes of law. There is no consistent evidence has come against the petitioner to show his complicity in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused, who is named in the FIR has already been granted bail by a Co-ordinate Bench vide order dated 24.07.2023 passed in Cr. Misc. No. 40247 of 2023. He is languishing in judicial custody since 06.06.2023.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.57560 of 2023(2) dt.01-09-2023 3/3 satisfaction of the learned Court below in connection with Begusarai Muffasil P.S. Case No. 97 of 2023.
(Sunil Kumar Panwar, J) arish/- U T