Patna High CourtCR. MISC./64968/2023bail granted

Ravi Kishan @ Racky @ Kishan Kumar v. The State Of Bihar

2023-10-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64968 of 2023 Arising Out of PS. Case No.-125 Year-2023 Thana- SAHIYARA District- Sitamarhi ====================================================== Ravi Kishan @ Racky @ Kishan Kumar, aged about 19 years, Son of Late Tapeshwar Ram, resident of Village- Dihthi, P.S.- Sahiyara, Dist- Sitamarhi. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ravi Ranjan, Advocate For the Opposite Party :

Mr. Ramchandra Sahni, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sahiyara P.S. Case No. 125 of 2023 dated 26.07.2023 registered for the offence punishable under Sections 399, 402 of the I.P.C. and Sections 25(1-a)26(2) and 35 of the Arms Act.

3. As per the prosecution case, the petitioner and the other co-accused persons are alleged to have assembled at the residence of Md. Nasirullah Ansarai to commit crime and the co-accused persons Nasirullah Ansari and Raushan Kumar Singh were apprehended on the spot and told the name of the persons who fled away from there.

Patna High Court CR. MISC. No.64968 of 2023(2) dt.12-10-2023 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent, as stated in paragraph no. 3 of the bail petition. The petitioner was apprehended from his house and not on the spot. The name of the petitioner has surfaced in the present case on the basis of the disclosure made by the co-accused Raushan Kumar. He is in custody in this case since 18.08.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail 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 concerned, Sitamarhi, in connection with Sahiyara P.S. Case No. 125 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T