Randhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27909 of 2021 Arising Out of PS. Case No.-377 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== RANDHIR KUMAR Son of Rambali Singh @ Bali Singh @ Ram Bali Sharma Resident of Village- Shambhukura, P.S.- Noubatpur, District- Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lakshmi Kant Sharma For the Opposite Party/s :
Mr.APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2021 Heard Sri Ramakant Sharma, learned senior counsel for the petitioner and learned counsel for the State. Petitioner seeks bail in connection Naubatpur P.S. Case no. 377 of 2020 registered for the offence punishable under sections 379, 385, 386, 387, 120B/34 of the Indian Penal Code read with section 27 of the Arms Act and section 3/ 4 of Explosive Substance Act.
Learned senior counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant has alleged that gang of father and son was regularly making demand of Rangdari of Rs 5 lac through whatsapp call. Further on the date of occurrence, ten named accused persons came variously armed and started indiscriminate firings, beating employees and others and
Patna High Court CR. MISC. No.27909 of 2021(2) dt.22-11-2021 2/3 exploded bomb. Further that one accused after firing gave threat and said that Rangdari should be paid within 24 hours. Learned senior counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that allegations are general and omnibus in nature and though it is alleged that firing was made and bomb was exploded but no one got injured that itself shows that exaggerated version of the occurrence has been alleged in the FIR. Learned senior counsel for the petitioner further submits that co-accused Manik Singh @ Aditya Kumar who is said to be member of father and son gang has been granted bail vide order dated 09.09.2021 in Cr. Misc. no. 15848/2021 and co-accused Ujjawal Kumar has been granted bail vide order dated 26.03.2021 in Cr. Misc. no. 5026/2021.
Learned APP vehemently opposed the prayer for bail. Considering the facts that though allegation is made but nothing specific has been alleged against this petitioner and co-accused persons have been granted bail by this court and the petitioner who is in jail custody since 26.08.2020, petitioner is directed to 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 the Addl. Chief Judicial Magistrate
Patna High Court CR. MISC. No.27909 of 2021(2) dt.22-11-2021 3/3 III, Danapur, Patna in Naubatpur P.S. Case no. 377 of 2020. (Satyavrat Verma, J) s.hassan/- U T