Ram Krishna Kumar @ Krishna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16723 of 2023 Arising Out of PS. Case No.-262 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== RAM KRISHNA KUMAR @ KRISHNA SINGH SON OF SHRI SURENDRA SINGH Resident of village - Gayaspur, P.O. - Gayaspur, P.S. - Paroo, Distt. - Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 392 and 411 of the Indian Penal Code.

As per prosecution case, some miscreants overpowered the informant on gun point and taken away his pickup Van loaded with plywood from the way, which was recovered by police and three accused persons including the

Patna High Court CR. MISC. No.16723 of 2023(2) dt.11-05-2023 2/3 petitioner were arrested and one co-accused fled away. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has neither arrested on spot nor any incriminating article has recovered from his conscious possession. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Rahul Kumar, who apprehended on spot, which has got no evidentiary value in the eyes of law. He submitted that the petitioner resides at Punjab for his livelihood and on the alleged date and time of occurrence, he was residing there. The other co-accused namely, Rahul Kumar has already granted bail by a Co-ordinate Bench vide order dated 13.12.2022 passed in Cr. Misc. No. 49503 of 2022. He is languishing in judicial custody since 09.01.2023. The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.16723 of 2023(2) dt.11-05-2023 3/3 A.C.J.M.-IV, Muzaffarpur in connection with Saraiya P.S. Case No. 262 of 2022.

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