Rishu Kumar Singh @ Rishu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27723 of 2024 Arising Out of PS. Case No.-418 Year-2022 Thana- BUDDHACOLONY District- Patna ====================================================== Rishu Kumar Singh @ Rishu Kumar S/o Late Ashok Kumar Singh @ Ashok Singh R/o Dudhiya Market, East Boring Canal Road, P.S. - Budha Colony, Distt. - patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhukar Anand, Advocate For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Budha Colony P.S. case No. 418 of 2022 instituted for the offences under Sections 394, 395, 397, 412 of the Indian Penal Code and Section 27 of the Arms Act.
3. Prosecution case, in short, is that three unknown miscreants fired on the father of the informant with intention to kill him and took away his bag containing a lunch box and some important documents.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner
Patna High Court CR. MISC. No.27723 of 2024(2) dt.19-04-2024 2/2 transpired in this case on the basis of confessional statement of the co-accused Gopi Thakur. Learned counsel further submitted that T.I.P. has not been conducted till date. No incriminating article has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.10.2022 and has three criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, charge-sheet already being submitted as also the period of custody undergone by the petitioner, 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 Budha Colony P.S. case No. 418 of 2022.
(Rudra Prakash Mishra, J) Alok Verma/- U T