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Patna High CourtCR. MISC./15579/2024bail granted

Baru Kumar @ Krishnakant Rai v. The State Of Bihar

2024-03-12Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15579 of 2024 Arising Out of PS. Case No.-236 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Baru Kumar @ Krishnakant Rai S/o Umesh Rai @ Umesh Kumar R/o vill - Lakhmipur Maudah Dih, P.s. - Harlochanpur Sukki (Patepur(, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ranjeet Kumar, Advocate For the State :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Patepur (Harlochanpur) P.S. Case No. 236 of 2023 instituted for the offence under Sections 341, 323, 324, 307, 427, 353, 379, 504, 506 & 34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case in short is that accused persons including the petitioner entered into the school and assaulted the informant. It is further alleged that co-accused, namely, Putul Kumar fired upon the informant, which passed away from his

Patna High Court CR. MISC. No.15579 of 2024(2) dt.12-03-2024 2/3 side. It is also alleged that Rs. 15,000/- government papers were looted and electronics items were damaged by them. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29-11-2023. Petitioner bears one criminal antecedent, 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 general and omnibus allegation levelled against the petitioner. Specific allegation is against co-accused, namely, Putul Singh. Similarly situated co-accused, namely, Shivam Kumar has already been granted bail by the learned court below. 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, nature of accusaion and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.15579 of 2024(2) dt.12-03-2024 3/3 Court below/concerned Court in connection with Patepur (Harlochanpur) P.S. Case No. 236 of 2023.

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