Om Prakash Ram @ Narayan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84764 of 2023 Arising Out of PS. Case No.-262 Year-2023 Thana- RAJPUR District- Buxar ====================================================== Om Prakash Ram @ Narayan Ram Son Of Sudarshan Ram Resident Of Village - Devdhiya, P.S. - Rajpur, District - Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Gupta For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 149, 302, 307, 120(B), 504, 506 of the Indian Penal Code and Section 27 of Arms Act.

Prosecution case in nutshell is that on the alleged date of occurrence, petitioner along with other co-accused persons, variously armed, came at the house of informant and dragged her husband from the house and shot in his chest due to which he succumbed to

Patna High Court CR. MISC. No.84764 of 2023(3) dt.30-01-2024 2/3 injuries. When the informant and other family members came to save, accused persons made firing upon them causing injury to sons of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is general and omnibus allegation of firing attributed against the petitioner. The main allegation of firing is against co-accused Akhilesh Ram due to which husband of the informant died. Moreover, from perusal of the seizure list, it appears that no cartridges have been recovered from the place of occurrence and as such it creates doubt over the prosecution version. Petitioner is languishing in judicial custody since 01.07.2023. Similarly situated co-accused Ajay Ram @ Upendra Ram has been granted bail vide order dated 10.01.2024, passed in Cr. Misc. No. 82012 of 2023 by co-ordinate Bench of this Court.

Learned APP appearing for the State has

Patna High Court CR. MISC. No.84764 of 2023(3) dt.30-01-2024 3/3 vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rajpur P.S. Case No. 262 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Buxar.

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