Radhey Kumar @ Rockey Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30384 of 2024 Arising Out of PS. Case No.-90 Year-2022 Thana- NTPC District- Patna ====================================================== Radhey Kumar @ Rockey Kumar son of Ram Jivan Mahto Resident of Village- Raily Bind Toli, P.S.- NTPC, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with NTPC P.S. Case No. 90 of 2022 dated 20.08.2022 registered for the offences punishable u/ss 341, 323, 448, 307, 506 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, eight unknown miscreants are alleged to have assaulted the informant. Further, one of the miscreants fired on the informant which hit the right side of his chest.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the

Patna High Court CR. MISC. No.30384 of 2024(2) dt.27-06-2024 2/2 co-accused, Sumit Kumar @ Jailor Yadav. Nothing has been recovered from the conscious possession of the petitioner. No T.I.P. has been conducted by the prosecution. The co-accused person has already been granted bail by this court vide order dated 21.07.2023 passed in Cr. Misc. No. 43154 of 2023. The petitioner has two criminal antecedents in which he is on bail in the both the cases as stated in para 3 of the bail petition. The petitioner is in custody since 16.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Barh, Patna in connection with NTPC Barh P.S. Case No. 90 of 2022.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T