Ram Kumar @ Raj Niwas Kumar @ Shree Niwas Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88514 of 2024 Arising Out of PS. Case No.-118 Year-2024 Thana- MANPUR District- Nalanda ====================================================== Ram Kumar @ Raj Niwas Kumar @ Shree Niwas Kumar son of Bipin Bihari @ Vipin chauhan Village- Newaji Bigha, Police Station- Manpur, DistrictNalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 88973 of 2024 Arising Out of PS. Case No.-118 Year-2024 Thana- MANPUR District- Nalanda ====================================================== Surendra Chauhan Son of Laljit Chauhan Village- Newaji Bigha, Police Station -Manpur, District -Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 88514 of 2024) For the Petitioner/s :
Mr. Ganesh Sharma, Advocate For the Opposite Party/s :
Mr. Dr.Mrityunjaya Kr.Gautam, APP For the Informant/s :
Mr. Sudish Kumar, Advocate (In CRIMINAL MISCELLANEOUS No. 88973 of 2024) For the Petitioner/s :
Mr. Ajay Mukherjee For the Opposite Party/s :
Mr. B.N. Pandey, APP For the Informant/s :
Mr. Sudish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-02-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 140(1), 61(2), 103, 103(2), 126(2), 115(2), 74, 238,
Patna High Court CR. MISC. No.88514 of 2024(3) dt.11-02-2025 2/3 324(4) of the Bharatiya Nyaya Sanhita.
3. The case of the prosecution is that the petitioners along with others abducted the brother of the informant. After that they assaulted him with an iron rod, hockey stick and threw the dead body in Gordhoba River. It is also alleged that knife blow was given in both of the eyes. The brother of the informant was brutally murdered.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. They have got no criminal antecedent as mentioned in para-3 of the petition. From perusal of the FIR, it is clear that the informant has not seen the occurrence and he is not the eye witness but in later part of the FIR he has stated that at the place of occurrence, his mother Sunita Devi, sister Saloni Kumari and Khushboo were there. They have given their statement before police and in their statement they have reiterated the FIR. From perusal of the witnesses who claim them to be eye witness it transpires that they have not seen the occurrence as the FIR was lodged when the dead body was recovered. There is no any specific allegation against any of the petitioners. It is further submitted that the petitioners are languishing in judicial custody since 17.08.2024.
Patna High Court CR. MISC. No.88514 of 2024(3) dt.11-02-2025 3/3
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Manpur P.S. Case No. 118 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif/Successor Court Nalanda at Biharsharif.
(Ashok Kumar Pandey, J) Sudhanshu/- U T