Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64469 of 2022 Arising Out of PS. Case No.-370 Year-2022 Thana- BARH District- Patna ====================================================== Ramesh Kumar Son Of Sri Gopal Prasad R/O Village- Jamanichak, P.S.- Barh, Distt.- Patna.

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar Sinha, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Barh P.S. Case No. 370/2022 registered for the offence under Sections 379/411 of the I.P.C. and Section 25(I-b)a, 26, 36 of Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 14.06.2022.

The allegation against the petitioner is to commit theft and while committing so taken away two mobiles from the counter of the medical shop of the informant and also alleged to have in possession of two live cartridges.

Learned counsel appearing on behalf of the petitioner submitted that petitioner falsely implicated in present case for

Patna High Court CR. MISC. No.64469 of 2022(2) dt.21-02-2023 2/2 an altercation took place for purchasing the medicines. It is also submitted that petitioner was admittedly arrested by private persons. It is also submitted that it is not clear that from whom possession, two live cartridges were alleged to be recovered, as it appears from seizure list itself. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above as petitioner was apprehended by private persons, coupled with fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Barh P.S. Case No. 370/2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh, District- Patna/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T