Ramesh Kumar @ Munna Singh @ Munna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65454 of 2024 Arising Out of PS. Case No.-323 Year-2023 Thana- GAURICHAK District- Patna ====================================================== Ramesh Kumar @ Munna Singh @ Munna, S/o Shailendra Singh, R/vShrinagar, Fatehpur, PS- Didarganj, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code.
3. The prosecution case, in brief, is that on 24.05.2023 at about 8:30 AM, husband of informant went to Patna for earning with some co-villagers, including this petitioner. Thereafter, on 25.05.2023, at about 8:30 AM, informant received a call on her mobile phone that her husband has died. Then, at about 4:30 PM, dead body of husband of informant was brought by one Ranjit Ram, who is driver of an ambulance and during enquiry the informant came to know that while doing some electrical work at the house of one Deepak Singh, her husband died.
Patna High Court CR. MISC. No.65454 of 2024(2) dt.27-09-2024 2/3
4. It is submitted by learned counsel for the petitioner that from bare perusal of the F.I.R. it is apparent that informant is not an eye witness of the alleged occurrence. Petitioner has been made accused merely because he happens to be owner of the ambulance which brought the dead body of husband of informant. Moreover, during course of investigation, it has come that husband of informant died due to electric shock while doing some electrical work at the house of one Deepak Singh. Even the medical report does not corroborates the prosecution case. It is further submitted that similarly situated co-accused has already been granted anticipatory bail by this Hon'ble Court vide order dated 06.08.2024 passed in Cr. Misc. No. 32996 of 2024.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the nature of accusation and other facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial
Patna High Court CR. MISC. No.65454 of 2024(2) dt.27-09-2024 3/3 Magistrate-VI, Patna City in connection with Gaurichak P. S. Case No. 323 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T