Laxman Ram @ Laxaman Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62342 of 2023 Arising Out of PS. Case No.-228 Year-2022 Thana- MANJHAGARH District- Gopalganj ====================================================== LAXMAN RAM @ LAXAMAN RAM Son of Late Munilal Ram R/o vill - Koiri Pashchim Tola, P.S. - Manjhagarh, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 34 of the Indian Penal Code.

3. The prosecution story, in brief, is that on 21.7.2022 at about 11:00AM, the petitioner along with other co-accused persons came at the house of informant went somewhere to the husband of the informant. Thereafter, till the night, when her husband did not return, she searched her husband but not traced out.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is no specific overt-act against the petitioner. No one is eye witness of the alleged occurrence rather the petitioner has made an accused

Patna High Court CR. MISC. No.62342 of 2023(2) dt.05-10-2023 2/2 on the basis of suspicion. Except suspicion, no any consistent material has come against the petitioner regarding commission of the offence. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 25.7.2022. Moreover, similarly situated coaccused namely, Kali Charan Yadav has already been granted bail by a co-ordinate Bench of this Court vide order dt. 17.7.2023 passed in Cr. Misc. No. 68881 of 2022 and in support of this Annexure-2 has been annexed.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Manjhagarh P.S. Case No. 228 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj.

(Sunil Kumar Panwar, J) Amandeep/- U T