Ravi Kumar @ Ravi Prakash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59230 of 2023 Arising Out of PS. Case No.-125 Year-2023 Thana- BUDDHACOLONY District- Patna ====================================================== Ravi Kumar @ Ravi Prakash S/O Late Dilip Ray R/O Mohalla- Chakaram Near Kabristan, P.S- Buddha Colony, Distt.- Patna. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lokesh For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1b)a, 26 and 35 of the Arms Act. As per prosecution case, the co-accused person was apprehended on the spot and he confessed that he along with the petitioner on pistol point committed theft in an Ice Cream Agency and after that they hide the said pistol in a graveyard situated at Chakaram and the same pistol has been recovered.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.59230 of 2023(2) dt.12-09-2023 2/2 falsely been implicated in this case merely on the basis of confessional statement of co-accused. The petitioner has no concern with the alleged recovery nor from co-accused person. It is further submitted that nothing incriminating article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 22.03.2023.
Learned APP appearing for the state has opposed the prayer of regular bail.
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 Buddha Colony P.S. Case No. 125 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court. (Sunil Kumar Panwar, J) manishkumar/- U T