Raman Kumar @ Lal Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51387 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- BIRUPUR District- Lakhisarai ====================================================== Raman Kumar @ Lal Jee Son Of Raj Nandan Singh @ Rajo Singh Resident Of Village- Sharma Tal, Police Station- Birupur, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 302, 307, 326, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, the petitioner and co-accused persons are alleged to have surrounded the informant and his family members and started firing on them indiscriminately. It is specifically alleged that coaccused Prince, Amit and Manish started firing due to which one Shravan Kumar died on the spot whereas the

Patna High Court CR. MISC. No.51387 of 2023(3) dt.16-10-2023 2/3 informant, his cousin brother Anshu and Anand Mohan sustained firearm injuries.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up during the course of investigation. Nothing has been recovered from the conscious possession of the petitioner. The specific allegation of firing is not against the petitioner. The petitioner is languishing in custody since 11.04.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 17.08.2023 passed in Cr. Misc. No. 51037 of 2023. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.51387 of 2023(3) dt.16-10-2023 3/3 Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Lakhisarai in connection with Birupur P.S. Case No. 17 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T