Patna High CourtCR. MISC./24676/2024bail granted

Ramanand Kumar v. The State Of Bihar

2024-04-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24676 of 2024 Arising Out of PS. Case No.-132 Year-2023 Thana- PUSA District- Samastipur ====================================================== Ramanand Kumar Son of Umesh Prasad Singh Resident of Village- Harpur Pusa, Tola Narayanpur, P.S.- Pusa, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ambrish Kumar Jha, Adv.

For the State :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pusa P.S. Case No. 132 of 2023 instituted for the offences under Sections 307, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of firing upon the son of the informant due to which he sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner and no specific overt act of firing against him. From reading the FIR, it is apparent that the only allegation

Patna High Court CR. MISC. No.24676 of 2024(2) dt.04-04-2024 2/2 against this petitioner is that he caught hold the son of informant. No incriminating article has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. The petitioner is in custody since 30.12.2023 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 facts and circumstances of the case, petitioner having no criminal antecedent, nature of allegation as well as the period of custody undergone by him, 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 Pusa P.S. Case No. 132 of 2023.

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