Ramesh Singh @ Rakesh Singh @ Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27425 of 2024 Arising Out of PS. Case No.-216 Year-2009 Thana- OBRA District- Aurangabad ====================================================== 1.

Ramesh Singh @ Rakesh Singh @ Ramesh Kumar Son Of Suryadeyal Singh Resident Of Village- Sri Gaureya, Ps- Obra, Dist- Aurangabad 2.

Rampukar Singh @ Pukar Yadav Son Of Late Baijnath Singh Resident Of Village- Sri Gaureya, Ps- Obra, Dist- Aurangabad 3.

Rakesh Kumar Son Of Rajanandan Singh Resident Of Village- Sdipur Dihari @ Sadipur Dihari , Ps- Obra, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Section 395 of the Indian Penal Code and Section 25(1-b)a, 27 of Arms Act.

3. As per the prosecution case, these petitioners looted cash of Rs. 1,87,000/- from petrol pump and assaulted the Manager and other staff members of the petrol pump. It is further alleged that the accused persons also fired upon the Manager of the petrol pump due to which he became injured.

4. Learned counsel for the petitioners submits that the petitioners are not named in the F.I.R. and they have falsely been implicated in this case by the informant only with a view

Patna High Court CR. MISC. No.27425 of 2024(3) dt.01-07-2024 2/2 to save his skin from the case lodged by co-accused Basant Kumar vide Obra P. S. Case No. 217 of 2009. It is next submitted that as a matter of fact, on the alleged date of occurrence, petitioners purchased diesel from the petrol pump in question and when they demanded receipt, then informant and Manager assaulted the petitioners and denied to give the receipt and in course of maar-peet, informant opened fire which hit the Manager of the petrol pump.

5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Daudnagar, Aurangabad in connection with Obra P. S. Case No. 216 of 2009, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T