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Patna High CourtCR. MISC./66938/2024bail rejected

Jagarnath Ram @ Jagarnathi Ram v. The State Of Bihar

2024-12-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66938 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== 1.

Jagarnath Ram @ Jagarnathi Ram S/o Late Deonath Ram R/o VillageSonara, P.S- Belaon, District- kaimur 2.

Chhangur Ram @ Rakesh Ram S/o Late Deonath Ram R/o Village- Sonara, P.S- Belaon, District- kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhash, Adv For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-12-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Bhagwanpur P.S. Case No. 156 of 2024 dated 08.06.2024 registered for the offence punishable u/s 120(B) and 302 read with Section 34 of the I.P.C.

3. As per the prosecution case, the son of the informant namely Pankaj Kumar and Aman Kumar went to Belaon Bazar for purchasing vegetables and after that Pankaj Kumar handed over the vegetables to his brother Aman Kumar and he also gave his mobile phone to Aman Kumar and said to return later on, but Pankaj Kumar did not return to his village

Patna High Court CR. MISC. No.66938 of 2024(3) dt.17-12-2024 2/3 till late night then the informant and other persons started searching him and during search, the informant came to know that a dead body was lying at Maa Kali Temple. When the informant went to Kali Temple along with his family members, they found the body of the deceased, Pankaj Kumar there.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. It is further submitted that there is no specific allegation against the petitioners. It is also submitted that there is no eye-witness of the occurrence alleging to the fact that the petitioners participated in the occurrence to kill the deceased. The petitioners have clean criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 09.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners. The petitioners and the co-accused persons are actively involved in the alleged occurrence and as per the para 6 of the Case diary, the dead body was recovered from the baranda of Maa Kali Temple, Belaon Bazar. As per the post mortem report, the cause of death is due to sharp cutting injuries on the front of neck. It is a case of immolation.

Patna High Court CR. MISC. No.66938 of 2024(3) dt.17-12-2024 3/3

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioners, this Court is not inclined to grant bail to the petitioners and the same is rejected in connection with Bhagwanpur P.S. Case No. 156 of 2024 pending in the court of learned C.J.M., Kaimur at Bhabua.

7. The application stands rejected.

(Chandra Prakash Singh, J) Jyoti/- U T