Rahul Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20144 of 2023 Arising Out of PS. Case No.-748 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Rahul Kumar Sharma, Gender Male, aged about 30 years, S/O- Sumbhu Sharma @ Shambhu Sharan Prasad, Village- Gaihiri Muraliya Tola PSNautan District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Asha Devi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Gopalganj Town P.S. Case No. 748 of 2022 dated 14.09.2022 registered for the offence punishable under Section 394 of the Indian Penal Code.

As per prosecution case, four miscreants looted cash and golden ornaments on the point of pistol from the house of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner was not named in the F.I.R. and his name surfaced on his own confessional statement in another

Patna High Court CR. MISC. No.20144 of 2023(2) dt.17-05-2023 2/2 case. However, till date, the petitioner has not been put on Test Identification Parade. He is in jail custody in this case since 19.11.2022. Learned counsel submits that he has only one criminal antecedent in which he is on bail. Learned counsel further submits that similarly situated co-accused persons namely, Bullet Kumar and Deepanshu Pandey have been granted bail by the co-ordinate Benches of this Court vide order dated 03.05.2023 and 18.04.2023 in Cr. Misc. No. 9766 of 2023 and Cr. Misc. No. 10530 of 2023 respectively. Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, 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 learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Town P.S. Case No. 748 of 2022.

(Sunil Dutta Mishra, J) P. Kumar U T