Rajesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1119 of 2019 Arising Out of PS. Case No.-15 Year-2017 Thana- PARSABAZAR District- Patna ====================================================== Rajesh Ram, son of Rajendra Ram, Resident of Village- Kalyanpur Bali, P.s.- Chandi, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Chaudhary For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Parsa Bazar P.S. Case No. 15 of 2017 instituted for the offence under Section(s) 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged in the written report that three persons as named in the written report took the son of informant on a motorcycle to see a piece of land at Tandpar. It is further alleged that informant also went behind his son. The informant further alleged that when he reached near Tandpar, he heard sound of firing and then he ran away towards Tandpar. Thereafter, after hearing the sound of firing his younger son, namely, Ajay Kumar and villagers also ran towards Tandpar. It

Patna High Court CR. MISC. No.1119 of 2019(5) dt.28-03-2019 2/3 is further alleged that when the informant reached at Khanda he found his son, namely, Dharmendra Kumar (deceased) lying on earth and blood was oozing and all the three persons fled away towards southern side of village.

Petitioner is not named in the written report. It is alleged in the written report that son of informant had gone with Vikash Kumar, Ravi Kumar and Shiv Lal Sao on a motorcycle. It is also alleged in the written report that informant also went behind them and when he reached near Tandpar he heard sound of firing. Thereafter, all the three persons fled away. Learned counsel for petitioner submits that during investigation the name of this petitioner has come on suspicion that mobile phone of the deceased was found from possession of this petitioner.

Learned counsel for petitioner has also submitted that other co-accused persons, namely, Umesh Prasad Doctor @ Umesh Prasad and Raushan Kumar @ Chhotu have already been granted bail by co-ordinate Bench of this Court by order passed in Criminal Misc. Nos. 13387 of 2018 and 45166 of 2017 respectively.

Petitioner is in custody since 30.04.2017.

Considering the aforesaid, let the petitioner, above

Patna High Court CR. MISC. No.1119 of 2019(5) dt.28-03-2019 3/3 named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 9th Additional Sessions Judge, Patna in connection with Parsa Bazar P.S. Case No. 15 of 2017, Sessions Trial no. 359A of 2017 subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/mu keshU T