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Patna High CourtCR. MISC./65854/2023allowed

Randhir Kumar @ Haddiya v. The State Of Bihar

2023-12-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65854 of 2023 Arising Out of PS. Case No.-333 Year-2023 Thana- JAKKANPUR District- Patna ====================================================== Randhir Kumar @ Haddiya S/O- Aravinda Kumar Ray Mohalla- Mittal Ghat Ps- Khajekalan Dist- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 382/34 of the IPC.

3. As per prosecution case, some unknown miscreants knocked the door of the informant and on the pistol point, asked about Rupesh. It is further alleged that miscreants assaulted the informant and his room-mate and taken away the informant's Govt. pistol and 14 round bullets.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this

Patna High Court CR. MISC. No.65854 of 2023(3) dt.06-12-2023 2/3 case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of petitioner sprang up in this case on the basis of confessional statement of co-accused Bachhan Patel and Sunny. The said Govt. pistol and 14 round bullets have been recovered from the possession of the co-accused namely Sunny Kumar @ Avinash@ Golu. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. Similarly situated other accused persons have already been enlarged on bail by this Court as well as another coordinate Bench of this Court. Moreover, the petitioner is languishing in judicial custody since 07.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of

Patna High Court CR. MISC. No.65854 of 2023(3) dt.06-12-2023 3/3 Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM VIII, Patna in connection with Jakkanpur P.S. Case No. 333 of 2023.

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