Saroj Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69578 of 2023 Arising Out of PS. Case No.-79 Year-2022 Thana- EAST COLONY District- Munger ====================================================== Saroj Kumar Ram Son of Late Kamdeo Ram Resident of Village - Amari, P.S. Dharhara, District- Munger.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binay Kumar, Advocate Mr. Avinava Kumar, Advocate For the Opposite Party/s :
Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2023
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with East Colony P.S Case no.79 of 2022 registered under sections 302, 393 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that she received information about the dead body of her husband being discovered. She further states that it appeared that some accused had made an attempt to break the locker of the post office and on her husband opposing the same, unknown accused persons had slit his throat.
4. Learned counsel for the petitioner submits that the F.I.R was registered against unknown. The petitioner has been falsely implicated in the case on the basis of his own
Patna High Court CR. MISC. No.69578 of 2023(3) dt.20-12-2023 2/2 confessional statement made before police which is inadmissible. The co-accused Manoj Kumar @ Manoj Kumar Ram has been enlarged on bail vide order dated 25.7.2023 passed in Cr. Misc. no. 30850 of 2023. The petitioner is in custody since 7.11.2022 and charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P for the State who submits that the petitioner in his confessional statement has confessed to his having slit the throat of the deceased at the instance of his brother Manoj Kumar.
6. Having heard learned counsel for the parties and taking into consideration the nature of material that has transpired against the petitioner in course of investigation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
7. Liberty is granted to the petitioner to renew his prayer for bail after framing of charge.
(Partha Sarthy, J) Shiv/- U T