Sushil Kumar Ranjan @ Sushil Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70902 of 2023 Arising Out of PS. Case No.-138 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.
Sushil Kumar Ranjan @ Sushil Ram, son of Ramashray Ram, VillageSurajpur Chamartoli PS- Piprakothi Dist- E.Champaran. 2.
Subodh Ram, son of Ganga Ram, Village- Surajpur Chamartoli PSPiprakothi Dist- E.Champaran. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. Both accused-petitioners, named in the F.I.R., are apprehending their arrest in connection with Piprakothi P.S. Case No. 138 of 2023 registered for the offences punishable under Sections 302, 326 and 34 of the Indian Penal Code.
3. Allegation against the petitioners is to commit murder of husband of the informant along with co-accused persons out of dispute arises due to illegal trading of illicit liquor.
4. It is submitted by learned counsel appearing on behalf of the petitioners that save and except suspicion nothing appears against petitioners. It is pointed out that as petitioner no. 2 merely came to the house of deceased to know his whereabouts,
Patna High Court CR. MISC. No.70902 of 2023(3) dt.27-02-2024 2/3 he was implicated with the present case. It is further pointed that during investigation though the occurrence was supported by prosecution witnesses, but save and except suspicion nothing surfaced against petitioners. While concluding argument, learned counsel submitted that similarly situated co-accused persons have been granted privilege of anticipatory bail by one of the learned coordinate Bench of this Court through Cr. Misc. No. 65220/2023 dated 20.12.2023. It is submitted that petitioner no. 1 found involved in two other criminal cases of petty nature wherein he is on bail, whereas petitioner no. 2 has got clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.
6. In view of the aforesaid factual submissions and by taking note of the fact that save and except suspicion nothing incriminating surfaced prima-facie against the petitioners as to connect them with crime in question, accordingly, both abovenamed petitioners, in the event of their arrest/surrender within a period of four weeks from today, are directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East
Patna High Court CR. MISC. No.70902 of 2023(3) dt.27-02-2024 3/3 Champaran, in connection with Piprakothi P.S. Case No. 138 of 2023, subject to the conditions as laid down under Section 438
(2) of the Cr.P.C.
(Chandra Shekhar Jha, J.) Rajeev/- U T