Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51944 of 2023 Arising Out of PS. Case No.-66 Year-2021 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== Randhir Kumar S/O Om Prakash Singh @ Om Singh R/O Village- Samatpur, P.S- Salimpur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 342, 323, 324, 307 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per allegation in the FIR, when the informant boarded the train, for accused persons including the petitioner started firing on him due to which he sustained injuries on his leg and also due to that firing, one female passenger sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity between the parties . The name of the petitioner came into light in

Patna High Court CR. MISC. No.51944 of 2023(3) dt.11-09-2023 2/2 this case on the basis of confessional statement of one coaccused person,namely, Pinchu Kumar before the police which has got no evidentiary value in the eye of law. Nothing specific allegation has been attributed against the petitioner. Other coaccused person who named in FIR has already been granted bail by the different co-ordinate Bench of this Court vide Annexure-4 of this petition. Moreover, the petitioner is languishing in judicial custody since 16.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bakhtiyarpur(Khushrupur) Rail P.S. Case No. 66 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Railway Court, Patna.

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