Ravi Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40516 of 2022 Arising Out of PS. Case No.-2 Year-2022 Thana- Nimachandpura District- Begusarai ====================================================== Ravi Shankar Kumar, S/O Ram Karan Tanti, Resident of village- Gachhi Tola Sikandarpur Rajaura, P.S.- Mufassil, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Randhir Kumar No.1, Advocate For the Opposite Party/s :

Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-01-2023 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 394 and 397 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, three unknown accused persons on a motorcycle with their face covered looted the informant of Rs.1000/- in cash, his motorcycle besides other articles as mentioned in the F.I.R. One of the accused fired which hit the informant in his finger.

It is submitted by learned counsel for the petitioner that the F.I.R was registered against three unknown. The petitioner was falsely implicated in the case in the confessional statement of one co-accused Nitish Kumar made before police.

Patna High Court CR. MISC. No.40516 of 2022(3) dt.20-01-2023 2/2 No incriminating article has been recovered from his possession. Even as per the contents of the said statement, it was not the petitioner who fired upon the informant but it was Chandan Kumar. The petitioner is in custody since 19.2.2022 and charge-sheet has been submitted in the case. Heard learned A.P.P for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, Chandan Kumar being the person who fired on the informant as per the statement of the co-accused Nitish Kumar, the petitioner being in custody for 11 months since 19.2.2022 and charge-sheet having been submitted, the petitioner is directed to be enlarged on bail in connection with Neemachandpura P.S. Case no. 2 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Begusarai.

(Partha Sarthy, J) avinash/- U T