Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11044 of 2023 Arising Out of PS. Case No.-29 Year-2022 Thana- DEHRI ON SONE RPF/POST DistrictGaya ====================================================== ARUN KUMAR S/O MAHENDRA PRASAD R/v- Barki Kharari, P.S.- Karagar, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Prasad Singh For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 3 of the R.P. (U.P.) Act.

As per prosecution case, allegation against the petitioner is of involving in carrying away of O.H.E. wire, weighing about 15 kg, relating to T.R.D and the petitioner was apprehended by the R.P.F. on the basis of disclosure made by co-accused Uchit Kumar. It is further alleged that at the instance of this petitioner, 5 kg wire was also recovered from bush. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. Nothing incriminating article has been recovered from

Patna High Court CR. MISC. No.11044 of 2023(2) dt.20-04-2023 2/2 conscious possession of the petitioner rather his named has been sprang up in this case on the basis of confessional statement of co-accused namely, Uchit Kumar who was apprehended on spot. The petitioner has no concern with the alleged recovery or with the co-accused person. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 14.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with R.P.F. Dehri-in-Sone P.S. Case No. 29 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Magistrate, Gaya.

(Sunil Kumar Panwar, J) Amandeep/- U T