Kundan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82350 of 2024 Arising Out of PS. Case No.-605 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Kundan Ram S/O Late Anil Ram @ Anil Das Resident of VillageKanchanpur, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No. II, Adv.

For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Bidupur P.S. Case No. 605 of 2022 instituted for the offences under Sections 302/34 of the Indian Penal Code.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of being involved in commission of murder of the Informant's son.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case with false and frivolous allegations based on mere suspicion. He further submits that actually the son of the Informant has died due to drowning in water and, at the instance

Patna High Court CR. MISC. No.82350 of 2024(3) dt.18-02-2025 2/3 of village politics, the petitioner has been implicated in this case. The petitioner has no concern with the alleged occurrence. Learned counsel for the petitioner submits that there is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. Save and except suspicion, there is nothing against the petitioner. The petitioner has not committed any offence as alleged in the F.I.R. The petitioner has no criminal antecedent and is languishing in judicial custody since 09.08.2024 without any rhymes or reason. Charge-sheet has been submitted against the petitioner under Sections 302/201/34 of the I.P.C.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The postmortem report supports the prosecution case. The petitioner is named in the F.I.R. and, hence, he does not deserve bail.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, the petitioner having no criminal antecedent as also there being no specific allegation of any overt act against the petitioner, let the petitioner,

Patna High Court CR. MISC. No.82350 of 2024(3) dt.18-02-2025 3/3 abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bidupur P.S. Case No. 605 of 2022. (Rudra Prakash Mishra, J) rishi/- U T