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Patna High CourtCR. MISC./26049/2021allowed

Ravish Kumar @ Gorkha v. The State Of Bihar

2021-07-23Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26049 of 2021 Arising Out of PS. Case No.-246 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== RAVISH KUMAR @ GORKHA SON OF LATE VIPIN KUNWAR @ UMESH KUMAR R/O VILLAGE- DARGAHPUR, P.S.- BACHHVADA, SUBDIVISION- TEGHRA, DISTRICT- BEGUSARAI.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Purnendu Keshav, Advocate.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 307, 504 & 506 of the Indian Penal Code and Section 27 of the Arms Act. While the informant along with other persons was regressing to his home after attending a Shradh ceremony, on way, the petitioner along with other co-accused caught him from behind. One Bipin Kumar ordered to fire bullet upon him, on this, one of the co-accused Dilkhush Kumar @ Nepla resorted firing on the chest of the informant but the bullet deflected after hitting the button of his jacket, where after other accused persons fired shots upon him and one of the shots fired by

Patna High Court CR. MISC. No.26049 of 2021(2) dt.23-07-2021 2/3 another co-accused, namely, Futta @ Amit Kumar hit the informant in his stomach and he fell down.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. No incriminating article has been recovered from his conscious physical possession. It is further submitted that the petitioner and the informant are close agnates and just to settle old scores with the petitioner and his family the informant has deliberately implicated the petitioner in this case after the unfortunate occurrence which has nothing to do with the petitioner at all. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Co-accused, Raja Kumar has been granted bail by the learned Court below. The specific allegation of resorting firing is against co-accused, Dilkhush Kumar @ Nepla and Futta @ Amit Kumar. The petitioner has been languishing in custody since 22.01.2021. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two

Patna High Court CR. MISC. No.26049 of 2021(2) dt.23-07-2021 3/3 sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bachhwada P.S. Case No.246 of 2020. (Anjani Kumar Sharan, J) Trivedi/- U T