← Library
Patna High CourtCR. MISC./63356/2023bail granted

Ramesh Kumar v. The State Of Bihar

2023-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63356 of 2023 Arising Out of PS. Case No.-333 Year-2023 Thana- JAKKANPUR District- Patna ====================================================== Ramesh Kumar Son of Rajendra Prasad @ Rajendra Singh, R/O - Masjid Road, Latehar, Ambakothi, P.S. Latehar, Dist- Latehar (Jharkhand), A/PGayghat Dakshini Gali, P.S- Alamganj, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Priyanka Singh, Advocate For the Opposite Party/s :

Mr. Nityanand Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 382/34 of the Indian Penal Code.

3. The prosecution case, in short, is that the informant is deputed as treasury reserve guard. On 31.05.2023 at 14.45 O'clock he got a knock on the door of his flat. On opening the door, three unknown persons entered the room and pointed country made pistol at him and they enquired that who is Rupesh there. The room mate of informant reached and both the informant and his room mate were thrashed by the accused perosns. Thereafter the accused persons escaped. The informant

Patna High Court CR. MISC. No.63356 of 2023(2) dt.10-10-2023 2/2 found that his service revolver and bullets had gone missing.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.06.2023. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The offences are triable by the Magistrate. The petitioner is not named in the F.I.R. His name has transpired in this case on the confessional statement of co-accused. No incriminating article is said to have been recovered from the possession of the petitioner.

5. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below/concerned Court in connection with Jakkanpur P.S. case No.333 of 2023.

Narendra/- (Sudhir Singh, J) U T