Anil Harijan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13463 of 2024 Arising Out of PS. Case No.-292 Year-2022 Thana- RUPAULI District- Purnia ====================================================== Anil Harijan S/o Lili Harijan @ Sri Lilo Harijan R/o vill -Jangal Tola, P.S. - Rupauli, Distt. - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Bijendra Kumar Singh, Advocate For the State :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rupauli (Mohanpur) P.S. Case No. 292 of 2022 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 385, 504, 506 & 327 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case in a nutshell is that co-accused persons including the petitioner entered into the farm of the informant and demanded ransom to the tune of Rs. 10 Lakhs. It is also alleged that co-accused, namely, Chandan Yadav and Sushil Yadav fired upon the prosecution side. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.13463 of 2024(2) dt.05-03-2024 2/3 that the petitioner is in custody since 17-06-2023. Petitioner bears four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no specific allegation against the petitioner and specific allegation of firing is against co-accused, namely, Chandan Yadav and Sushil Yadav. Nothing has been recovered from the possession of the petitioner. Similarly situated coaccused has been allowed bail by a Co-ordinate Bench of this Court vide order dated 18-01-2024, passed in Cr. Misc. 1945 of 2024. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.13463 of 2024(2) dt.05-03-2024 3/3 below/concerned Court in connection with Rupauli (Mohanpur) P.S. Case No. 292 of 2022.

(Rudra Prakash Mishra, J) Raj Kishore/- U T