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Patna High CourtCR. MISC./85793/2023allowed

Lakhindar Ram @ Lakhendra Ram v. The State Of Bihar

2024-01-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85793 of 2023 Arising Out of PS. Case No.-399 Year-2022 Thana- SAKRA District- Muzaffarpur ====================================================== LAKHINDAR RAM @ LAKHENDRA RAM SON OF AKLU RAM R/O VILLAGE- PILKHI GAJPATTI, P.S.- SAKRA, DIST.- MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manjeet Kumar Mishra, Adv.

For the Opposite Party/s :

Mrs.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 302, 201, 363/34 of the IPC. 3.

Allegedly, the sister of the informant was murdered by the petitioner and other named accused persons and dead body was buried in an orchard. They also disappeared two minor nephews of the informant.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner is the brother-in-law

Patna High Court CR. MISC. No.85793 of 2023(2) dt.18-01-2024 2/2 of the deceased and the husband of the deceased is already in custody since 16.06.2023. Several similarly situated co-accused have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 27.06.2023 passed in Cr. Misc. No.2039 of 2023 (Annexure-2 of the bail petition). Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since similarly situated co-accused have been granted bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sakra P.S. Case No.399 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T