Sunil Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30740 of 2024 Arising Out of PS. Case No.-314 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== Sunil Ram Son of Late Ajablal Ram Resident of Village - Mahinath Nagar, P.S.- Beldaur, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Beldaur P.S. Case No. 314 of 2023, instituted for the offences punishable under Sections 392, 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that, one suspicious girl called the informant regarding withdrawal of money. While the informant was on the way, four miscreants attacked upon him armed with pistol and katta fired on left shoulder of the informant and looted Rs. 3,50,000/-, laptop and motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.30740 of 2024(2) dt.23-04-2024 2/2 incriminating material has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner is not named in the F.I.R. and no T.I.P. has been conducted. Name of the petitioner has transpired on the basis of confessional statement of co-accused Manikant Singh which has no evidentiary value. The petitioner is in custody since 18.11.2023 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP 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 and taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Beldaur P.S. Case No. 314 of 2023.

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