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Patna High CourtCR. MISC./63968/2022bail granted

Ramu Kumar @ Ramu Chandrahiya v. The State Of Bihar

2023-02-25Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63968 of 2022 Arising Out of PS. Case No.-40 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== RAMU KUMAR @ RAMU CHANDRAHIYA Son of Late Bindeshwar Raut R/V- Jiwdhara Malahi Tola P.S- Piprakothi Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Piprakothi P.S. Case No. 40 of 2022 registered for the offences punishable under Sections 452, 380, 302, 201/34, 120(B) of the Indian Penal Code.

As per the prosecution, the informant's brother was murdered by this petitioner and his accomplices under conspiracy with regard to a land sold to the accused persons by the deceased's brother.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.63968 of 2022(2) dt.25-02-2023 2/3 that in the FIR there is no specific allegation against the petitioner, the victim went missing on 08.02.2022 but FIR was lodged two days after the said missing, co-accused Danish had some property dispute with the victim but the petitioner has no any type of relation or affair with the said co-accused so there was no reason for him to be involved in the alleged crime. Further submission is that co-accused Md. Sabir Ali with whom the victim was lastly seen as per the prosecution, has been granted bail by a co-ordinate bench of this court vide order passed in Cr. Misc. No. 58611 of 2022 and the petitioner has fair and clean antecedent and has been languishing in jail since 11.02.2022 and petitioner has been dragged in this case merely on the basis of suspicion and against him the investigation has been competed.

Learned APP Mr. Abhay Kumar Roy appearing for the State has opposed the bail prayer.

In view of the facts, as stated above and mainly the privilege of bail having been granted to co-accused mentioned above by a co-ordinate bench of this court and also considering petitioner's fair and clean antecedent, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer. Accordingly, let the petitioner be released

Patna High Court CR. MISC. No.63968 of 2022(2) dt.25-02-2023 3/3 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 concerned Court in connection with Piprakothi P.S. Case No. 40 of 2022.

(Shailendra Singh, J) Rajiv/- U T