Patna High CourtCR. MISC./18824/2024bail granted

Raj Kumar Ram v. The State Of Bihar

2024-03-15Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18824 of 2024 Arising Out of PS. Case No.-585 Year-2023 Thana- KESARIA District- East Champaran ====================================================== Raj Kumar Ram Son Of Jagu Ram R/O-Bhopatpur Ahirauliya, P.S.-KOTWA (BHOPATPUR O.P.), Distt.-EAST Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kesariya P.S. case No. 585 of 2023 instituted for the offences under Section 392 of Indian Penal Code and Sections 25(1-b)a and 26 of the Arms Act.

3. Prosecution allegation, in short, is that the accused persons including the petitioner looted Rs. 8,000/- and a machine and started fleeing away but two of them were caught by the villagers and one managed to flee away. On search made by the police, one country made pistol and a motorcycle was recovered.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.18824 of 2024(2) dt.15-03-2024 2/2 petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. From the seizure list, it is not clear from whose possession the recovery was made. No specific overt act is alleged against the petitioner. Charge-sheet has been submitted in this case. The petitioner is in custody since 13.12.2023 and has no criminal antecedent

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

6. Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 Court below/concerned Court in connection with Kesariya P.S. case No. 585 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T