Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46019 of 2024 Arising Out of PS. Case No.-28 Year-2023 Thana- KURSAKANTA District- Araria ====================================================== Ravi Kumar Son of Ram Chandra Mandal Resident of Kajhi Hirday Nagar, Ward No. 09, P.S.- Banmankhi, Dist- Purnia , Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jai Vardhan Narayan For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kursakanta (Sonamani Godam) P.S. case No. 28 of 2023 instituted for the offences under Sections 302, 120B/34 of the Indian Penal Code and 27 of the Arms Act.
3. It is a case of commission of murder of the son of the informant.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.46019 of 2024(2) dt.28-06-2024 2/3 Petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of self confessional statement of the petitioner. Learned counsel further submitted that there is earlier land dispute between the informant and the co-accused Anand Thakur. The co-accused person, Anand Thakur who is named in the FIR has already been granted bail by a Coordinate Bench of this Court vide order dated 12.09.2023 passed in Cr. Misc. No. 37234 of 2023. The informant is not the eye-witness to the occurrence. No incriminating article has been recovered from the 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 17.06.2023 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 aforesaid facts and circumstances of the case, claim based on parity 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 like amount each to the satisfaction of Court below/concerned
Patna High Court CR. MISC. No.46019 of 2024(2) dt.28-06-2024 3/3 Court in connection with Kursakanta (Sonamani Godam) P.S. case No. 28 of 2023.
(Rudra Prakash Mishra, J) Arish/- U T