Dipak Ram @ Dipak Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80948 of 2023 Arising Out of PS. Case No.-262 Year-2023 Thana- RAJPUR District- Buxar ====================================================== Dipak Ram @ Dipak Kumar Ram S/O Ramashish Ram @ Ram Ashish Ram Village- Devadhiya, Ps. Rajpur, Dist. Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 149, 302, 307, 120(B), 504, 506 of the Indian Penal Code and Sections 25(1-B)a, 26, 27, 35 of Arms Act.

3. As per prosecution case, the FIR named accused persons including the petitioner are said to have gone to the house of informant and co-accused fired upon her husband due to which he succumbed to injury. The petitioner was also involved in the alleged crime by conspiring with the co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no specific overt-

Patna High Court CR. MISC. No.80948 of 2023(2) dt.15-12-2023 2/2 act of firing against the petitioner rather general and omnibus allegation leveled against him. From perusal of FIR, it appears that the specific allegation of firing is against co-accused Akhilesh, Om Prakash, Lalji and Umesh Paswan. It is further submitted that the petitioner is languishing in judicial custody since 21.8.2023. Moreover, other co-accused namely, Ramashish Ram has already been granted bail by a co-ordinate Bench of this Court vide order dt. 1.11.2023 passed in Cr. Misc. No. 69563 of 2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Rajpur P.S. Case No. 262 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 SDJM, Buxar.

(Sunil Kumar Panwar, J) Amandeep/- U T