Ratnesh Kumar @ Bhutkun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52706 of 2022 Arising Out of PS. Case No.-492 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== Ratnesh Kumar @ Bhutkun S/O Shyam Kishor Ram Resident Of VillageGariba, P.S.- Paroo, District- Muzaffarpur, At Present R/O Vill- Shrirampur, P.S.- Kathaiya, District- Muzaffarpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajiv Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 395 of the Indian Penal Code. It is also mentioned in para 7 of the petition that Section 412, 307/34 of the Indian Penal Code and Section 27 of Arms Act has been added in the course of investigation.

It is alleged that 6-7 miscreants committed robbery in the Bank and took away Rs. 6,82,380/- from

Patna High Court CR. MISC. No.52706 of 2022(3) dt.09-02-2023 2/3 the Bank. It is also alleged that five arms were recovered from the possession of petitioner and coaccused persons and Rs. 20,000/- and 5.2 kg Ganza was recovered from the possession of petitioner. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner has not been put on T.I. Parade. There is no separate seizure list of recovered Ganza, and cartridges. Moreover, petitioner is languishing in judicial custody since 6.9.2021. Similarly situated co-accused persons have been granted Bail vide order dated 17.01.2023 passed in Cr. Misc. no. 11954 of 2022, 20531 of 2022 & 42989 of 2022 by this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to

Patna High Court CR. MISC. No.52706 of 2022(3) dt.09-02-2023 3/3 enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Saraiya P.S. Case No. 492 of 2021 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 2nd Additional Sessions Judge, Muzaffarpur.

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