Patna High CourtCR. MISC./13155/2024bail granted

Rakesh Kumar Roy @ Rakesh Roy v. The State Of Bihar

2024-03-04Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13155 of 2024 Arising Out of PS. Case No.-387 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Rakesh Kumar Roy @ Rakesh Roy son of Bramhdeo Roy Village- Balua tol Ps- Jaynagar Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Sah, Adv.

For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jaynagar P.S. Case No. 387 of 2023 instituted for the offences under Sections 341, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the Informant was stopped by the seven named accused persons including the petitioner herein and, thereafter, Manish Ray fired at him causing gunshot injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as

Patna High Court CR. MISC. No.13155 of 2024(2) dt.04-03-2024 2/3 alleged against him and has falsely been implicated in the present case. He further submits that from perusal of the F.I.R., it appears that there is no allegation of assaulting, holding or using arms against the petitioner. The petitioner has no concern with the alleged occurrence or the accused persons. The specific allegation is against the co-accused Manish Ray. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 16.09.2023.

5. Learned counsel for the petitioner again submits that the co-accused Amit Kumar @ Bhola has been granted bail by a Co-ordinate Bench of this Court vide order dated 17.02.2024 passed in Cr. Misc. No. 6827 of 2024.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on

Patna High Court CR. MISC. No.13155 of 2024(2) dt.04-03-2024 3/3 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 Jaynagar P.S. Case No. 387 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T