Patna High CourtCR. MISC./14373/2024bail granted

Ankit Kumar v. The State Of Bihar

2024-04-18Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13426 of 2024 Arising Out of PS. Case No.-398 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Vikram Kumar SON OF ARVIND RAM @ ARVIN KUMAR R/O VILLAGE- HARPUR ARRA, P.S.- GORAUL, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 14373 of 2024 Arising Out of PS. Case No.-398 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Ankit Kumar Son of Ramnath Bhagat @ Ram Nath Bhakta Resident of Village- Bishunpur Arara, Police Station- Goraul (Katahara O.P.), Dist.- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 15274 of 2024 Arising Out of PS. Case No.-398 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Rajesh Raushan @ Raja S/o Prem Kumar R/o Village- Harpur Arara, P.S. Gorual, District- Vaishali ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 13426 of 2024) For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP (In CRIMINAL MISCELLANEOUS No. 14373 of 2024) For the Petitioner/s :

Mr. Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP (In CRIMINAL MISCELLANEOUS No. 15274 of 2024) For the Petitioner/s :

Mr. Hemant Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ======================================================

Patna High Court CR. MISC. No.13426 of 2024(3) dt.18-04-2024 2/3 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Goraul (Katahara O.P.) P.S. Case No. 398 of 2023 registered for the offence under Section 395, 397 of Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case in brief, is that on 19.09.2023 at 7:30 P.M. the informant was sitting at his grocery shop and at that time all of a sudden 6 miscreants borne on two motorcycle of without number plate came and four miscreants entered into his shop and two miscreants were standing outside the counter. They put revolver in the temple of the informant and they looted away about Rs. 20,000/- from the cash box and Rs. 80,000/- which was kept in bag and some documents and started fleeing away. The neighbour Mantu Shrivastava tried to chase the miscreants but the miscreants fired on him, which hit on his right shoulder and he became injured. All the miscreants fled away by making firing in air.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. He further submits that petitioners are not named in the FIR. The FIR has been lodged against 6 unknown persons and

Patna High Court CR. MISC. No.13426 of 2024(3) dt.18-04-2024 3/3 the petitioners are in custody since 17.10.2023.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. On perusal of the FIR and impugned order dated 23.01.2024, it appears that informant lodged FIR against unknown persons and the name of the petitioners surfaced on the confessional statement of co-accused Sunny Kumar. Nothing has been recovered from the possessions of the petitioners, no TIP conducted till date. It also appears that investigation is already concluded and charge sheet has already been submitted in this case.

7. Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail after commitment of the case, if not committed on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M. / concerned Court, Vaishali at Hajipur in connection with Goraul (kathara O.P.) P.S. Case No. 398 of 2023.

(Ramesh Chand Malviya, J) saurabhkr/- U T