Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62186 of 2022 Arising Out of PS. Case No.-299 Year-2022 Thana- BAKHTIARPUR District- Saharsa ====================================================== RAM KUMAR Son of Rajendra Singh @ Rajendra Bind Resident of VillageDhanupara Tola Kalabari Ward No.-2, P.S.- Simri Bakhtiarpur, DistrictSaharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baleshwar Kamat, Advocate.

For the Opposite Party/s :

Mr. Gulnar Begum, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under Sections 147, 148, 149, 341, 323, 324, 307, 384, 504, 506 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, when the informant went to dig his pond, the petitioner and the co-accused persons with five unknown miscreants came there holding lethal weapons and the co-accused Gautam Sada demanded Rs. 5,00,000/- as

Patna High Court CR. MISC. No.62186 of 2022(2) dt.29-03-2023 2/3 rangdari from the informant. It is further alleged that the coaccused Anis Kumar order to kill the informant and the petitioner and the co-accused Anis Kumar fired on the informant which did not hit him. Co-accused Gautam Sada also fired on the informant which hit side of the chest of the informant and due to which he fell down. Thereafter, the informant was taken to hospital for treatment.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No such occurrence as alleged has ever taken place. There is general an omnibus allegation against the petitioner. There is an inordinate delay of eighteen days in lodging the present F.I.R. without giving any plausible reason. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.08.2022.

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

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 learned Court

Patna High Court CR. MISC. No.62186 of 2022(2) dt.29-03-2023 3/3 concerned, Saharsa in connection with Bakhtiarpur P. S. Case No. 299 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U