Ram Kebal Singh @ Babu Saheb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8838 of 2023 Arising Out of PS. Case No.-397 Year-2022 Thana- AGAMKUAN District- Patna ====================================================== Ram Kebal Singh @ Babu Saheb S/o Late Raj Narayan Singh, R/o MohallaJai Praash Nagar, P.S.- Jakkanpur, Town & District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur, Sr. Advocate Mr.Rakesh Ranjan, Advocate For the informant :

Mr. Jayram Sharma, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and the learned APP for the State. Petitioner seeks regular bail in connection with Agamkuan P.S. Case No. 397 of 2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 385, 506, 337, 338, 427 of the Indian Penal Code and Section 27 of Arms Act.

As per the prosecution, the informant alleged that this petitioner along with other co-accused persons came at the alleged place and assaulted the informant and his son and one of the assailants opened fire at the informant's son.

Patna High Court CR. MISC. No.8838 of 2023(2) dt.15-03-2023 2/3 The main submissions advanced by the learned counsel for the petitioner are that in the FIR there is no specific allegation against the petitioner and one co-accused person namely, Manoj Kumar has been granted anticipatory bail vide order passed in Cr. Misc. No. 46458 of 2022, the petitioner who is carrying similar nature of allegation like the co-accused Manoj Kumar preferred Cr. Misc. No. 46458 of 2022 along with the said co- accused but in the meantime he was arrested and accordingly he withdrew his prayer for anticipatory bail and in view of the nature of allegation mentioned in the FIR his case stands on similar footing with the co-accused Manoj Kumar and allegations made in the FIR are vague and ambiguous and the alleged offence of Section 307 of the IPC is not made out in this case and other offences of the FIR are bailable and the petitioner has no criminal antecedent.

Learned counsel for the informant has vehemently opposed the bail prayer.

In view of the facts as stated above, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner 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 Court

Patna High Court CR. MISC. No.8838 of 2023(2) dt.15-03-2023 3/3 concerned in connection with Agamkuan P.S. Case No. 397 of 2022.

(Shailendra Singh, J) Rajiv/- U T