Sunil Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72717 of 2023 Arising Out of PS. Case No.-137 Year-2023 Thana- KOCHAS District- Rohtas ====================================================== 1.
Sunil Ram Son Of Late Vinod Ram R/O Village- Kochas, Ward No. 11, P.S.- Kochas, Dist.- Rohtas 2.
Anil Ram Son Of Late Vinod Ram R/O Village- Kochas, Ward No. 11, P.S.- Kochas, Dist.- Rohtas ... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sada Nand Roy For the Opposite Party/s :
Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 the Indian Penal Code.
3. Allegation against the petitioners along with other co-accused persons is that they committed murder of the informant's brother.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Whole family of the petitioners have been been implicated in this case. Informant is not eye witness of the alleged occurrence only on
Patna High Court CR. MISC. No.72717 of 2023(3) dt.15-01-2024 2/3 the basis of suspicion, petitioners have been dragged in this case. It is further submitted from para-10 of this petition that the petitioner and his family members did not present at their house on the date of occurrence rather they went to Varanasi for the treatment of his father who died during the course of treatment. Some unknown persons have thrown the dead-body in the house of the petitioner after committing his murder elsewhere. No any consistent evidence has found against the petitioner to implicate in this alleged offence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Both the petitioner are full brothers. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 2.1.2024 passed in Cr. Misc. No. 75353 of 2023. Moreover, both the petitioners have got no criminal antecedent and are languishing in judicial custody since 04.07.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that dead-body was recovered from the house of the petitioners.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the
Patna High Court CR. MISC. No.72717 of 2023(3) dt.15-01-2024 3/3 petitioners on bail. The above named petitioners are directed to be released on bail in connection with Kochas P.S. Case No. 137 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Rohtas at Sasaram.
(Sunil Kumar Panwar, J) sushma/- U