Ramniwas Kumar @ Niwas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.773 of 2022 Arising Out of PS. Case No.-154 Year-2020 Thana- GHOSWARI District- Patna ====================================================== RAMNIWAS KUMAR @ NIWAS Son of Jhapo Sao Resident of VillageRamnagar, P.S.- Ghoswari, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey, Adv.
For the Opposite Party/s :
Mr.Manoj Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Sessions Trial No. 442/2021 arising out of Ghoswari P.S. Case No. 154 of 2020 registered for the offences punishable under Sections 384, 385, 307, 325, 326, 506 and 120(B) of the Indian Penal Code read with Section 27 of the Arms Act.
The learned counsel for the petitioner submits that the petitioner is in custody since 16.02.2020, charge-sheet has been submitted in the case and has antecedent of three cases and the informant alleges that his father had gone to sleep in the bathan when in the night someone knocked on the door, it is next alleged that when he got up to open the door, a firing was made from the keyhole of the door hitting him below the armpit near
Patna High Court CR. MISC. No.773 of 2022(2) dt.23-05-2022 2/3 left side of the chest and when he opened the door, he identified Jhapo Sao, Kundan and Ranjeet and fourth accused was an unknown person, it is next alleged that after committing the occurrence, all the accused fled after firing, further the occurrence took place as Ravi Kishan was kidnapped by son of Jhapo Sao for extortion along with other accused as such pressure was being created to withdraw the case. The learned counsel submits that the petitioner is not named in the FIR and he is son of Jhapo Sao, it is next submitted that petitioner has been falsely implicated in the present case as he was not even present at the place of occurrence as the informant has not disclosed the name of the petitioner in the FIR when he was known to his father. It is further submitted that Ajay Yadav has been granted bail by order dated 09.05.2022 in Cr. Misc. No. 55965 of 2021. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the fact that the petitioner is in custody since 16.02.2020, charge-sheet has been submitted in the case and taking into consideration the submissions made by the learned counsel for the petitioner and that co-accused has been granted bail, let the petitioner above named be released on bail
Patna High Court CR. MISC. No.773 of 2022(2) dt.23-05-2022 3/3 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sessions Trial No. 442/2021 arising out of Ghoswari P.S. Case No. 154 of 2020 with a condition that one of the bailor of the petitioner shall be his cousin brother Vinod Saw.
(Satyavrat Verma, J) shahzad/- U T