Raghu Singh @ Pradumn v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16827 of 2024 Arising Out of PS. Case No.-202 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== Raghu Singh @ Pradumn Son Of Prakash Singh R/O-Riga Road, Ward No. 06, Sitapur, Punaura, P.S.-Punaura, Distt.-Sitamarhi ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashar Mustafa, Advocate Mr.Vikash Kumar Jha, Advocate For the Opposite Party/s :
Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The accused-petitioner, not named in the F.I.R., is apprehending his arrest in connection with Dumra P.S. Case No. 202 of 2021 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. He has no criminal antecedent as stated in paragraph '3' of the application.
3. Allegation against the petitioner is to commit murder of son of the informant alongwith other co-accused persons by using fire-arm injury due to previous enmity.
4. Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner has surfaced
Patna High Court CR. MISC. No.16827 of 2024(3) dt.18-05-2024 2/3 on the basis of confessional statement of co-accused namely, Angad Kumar Gupta, in furtherance of which no incriminating article appears recovered/surfaced during investigation, which may connect this petitioner with the present crime in question. It is submitted that said coaccused Angad Kumar Gupta has been granted privilege of bail by one of the learned coordinate Bench of this Court through Cr. Misc. No. 6346/2022 dated 14.11.2022. It is also submitted that similarly situated co-accused Jitesh Jha @ Jitu has been granted privilege of anticipatory bail by one of the learned coordinate Bench of this Court in Cr. Misc. No. 24834/2022 dated 16.06.2022.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by taking note of the fact that name of the petitioner appears involved in the present case prima-facie out of suspicion arises out of confessional statement of co-accused, where similarly situated co-accused, as aforesaid, has been granted anticipatory bail by learned coordinate Bench of this
Patna High Court CR. MISC. No.16827 of 2024(3) dt.18-05-2024 3/3 Court, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from today, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- VII, Sitamarhi, in connection with Dumra P.S. Case No. 202 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Chandra Shekhar Jha, J.) Rajeev/- U T