Patna High Court
Gorelal Ramani @ GurujeeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Gorelal Ramani, sought bail in a murder case (Sections 302/34 IPC) for which he has been in custody since 19 June 2024. He argued that he was never named in the FIR and that no substantive evidence links him to the crime, citing that a co-accused was previously granted bail. The prosecution opposed bail, highlighting the petitioner’s nine prior criminal antecedents, though noting he is out on bail in other pending matters. The court examined the lack of material evidence, the petitioner’s alleged innocence, and the precedent of bail to a co-accused, and decided to grant bail with a Rs.10,000 bond and two sureties. The bail was conditioned on the petitioner’s cooperation with the trial, presence in court, non‑tampering with evidence or witnesses, and verification of his criminal antecedents.
Issues considered
- Whether bail should be granted to the accused in a murder case under Sections 302 and 34 IPC given the absence of his name in the FIR and lack of substantive evidence.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- criminal antecedents
- trial cooperation
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80652 of 2025
Arising Out of PS. Case No.-256 Year-2024 Thana- KONCH District- Gaya
======================================================
Gorelal Ramani @ Gurujee Son of Chimni Ram R/o Village - Jhilmil, P.S.-
Tekari, District - Gayajee (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 31-01-2026 Heard Mr. Ranjit Kumar, learned counsel for the
petitioner and Ms. Renu Kumari, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.06.2024 in connection with Konch P.S. Case No. 256 of
2024, F.I.R. dated 14.06.2024 for the offences punishable under
Sections 302/34 of the IPC.
3. According to prosecution case, some unknown
miscreants have murdered the brother of the informant while he
was sleeping at dalan.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that the petitioner is not named
in the F.I.R and his name has been transpired during
Patna High Court CR. MISC. No.80652 of 2025(3) dt.31-01-2026
2/3
investigation on the basis suspicion and except suspicion, no
other cogent material has come during investigation which
suggest the involvement of the petitioner in the present case. He
further submits that the police after investigation submitted the
charge sheet against the petitioner. He further submits that
similarly situated, co-accused, namely, Alakhdev Yadav @
Alakh Yadav against whom the suspicion has also been raised
by the prosecution has been granted bail by a co-ordinate Bench
of this Court vide order dated 14.05.2025 passed in Cr. Misc.
No. 12196 of 2025. The petitioner is in custody since
19.06.2024.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries nine criminal antecedents other
than the present one but fairly submits that the petitioner is on
bail in all the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned ASJ-XIX,
Gayaji in connection with Konch P.S. Case No. 256 of 2024,
subject to the following conditions:-
Patna High Court CR. MISC. No.80652 of 2025(3) dt.31-01-2026
3/3
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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