Ramswaroop Rajbanshi @ Dolan Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75598 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- SILAO District- Nalanda ====================================================== RAMSWAROOP RAJBANSHI @ DOLAN RAJBANSHI son of Mangru Rajbanshi Village- Dhamar Ps- Rajgir Dist- nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP For the Informant :

Mr. Ram Vinay Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Silao P.S. Case No.30 of 2023 registered for the offence under Sections 363, 365, 302, 201 and 120B of the Indian Penal Code. 3.

Allegation against the petitioner is to have committed murder of son of the informant.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner is not named in the FIR and his name surfaced on the basis of confessional statement of other co-accused persons, namely, Chhotu Kumar, who has already been granted bail by learned court below,

Patna High Court CR. MISC. No.75598 of 2023(5) dt.12-03-2024 2/2 although, an application for cancellation of bail of the petitioner has been filed. It is submitted that there is no eye-witness to the occurrence. It is also submitted that it appears from perusal of postmortem report that cause of death could not be fully ascertained so viscera preserved and opinion reserved till chemical report from FSL, Patna available. It is also submitted that nothing incriminating has been surfaced, during course of investigation, which may connect this petitioner with the present set of occurrence. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 26.04.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Silao P.S. Case No.30 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Biharsharif, Nalanda.

(Ramesh Chand Malviya, J) S.Katyayan/- U T