Arjun Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82545 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- RAGHUNATHPUR District- Siwan ====================================================== ARJUN KUMAR RAM S/o Shiv Shankar Ram R/o village- Gaura, P.S.- Manjhi, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302/34 of the IPC and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of firing upon the son of the informant leading to his death.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and it is a case of last seen. The name of the petitioner transpired in the instant case on the basis of confessional statement of Sujit Kumar Pandit @ Sujit Mafia. There is no consistent evidence

Patna High Court CR. MISC. No.82545 of 2023(2) dt.02-01-2024 2/2 and no eye-witness of the alleged occurrence to show that the petitioner has involved in the present case. Only on the basis of suspicion, petitioner has implicated in the present case by the police. He is languishing in judicial custody since 22.06.2023. Similarly situated co-accused, namely, Sujit Kumar Pandit @ Sujit Kumar has already been granted bail vide order dated 04.12.2023, passed in Cr. Misc. No. 59083 of 2023 by this Court.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Siwan in connection with Raghunathpur P.S. Case No. 22 of 2023. (Sunil Kumar Panwar, J) Nirajkrs/- U T