Patna High CourtCR. MISC./65639/2023allowed

Rahul Kumar v. The State Of Bihar

2023-10-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65639 of 2023 Arising Out of PS. Case No.-75 Year-2023 Thana- SINGHESHWAR District- Madhepura ====================================================== Rahul Kumar S/O Late Ramchandra Yadav R/O Village- Padampur, Ward No.-09, P.S- Bihra, Distt.- Saharsha.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kuldeep Kumar For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 393/307 of the Indian Penal Code and sections 25(1-B)a, 27, 35 and 37(b) of the Arms Act.

3. As per allegation in the FIR, two accused persons including the petitioner, riding on a motorcycle, overtook the informant and tried to snatch his motorcycle. On oppose, one of the accused persons hit on his head with butt of three nut and another has fired bullet upon him but did not hit him. One of the accused, namely, Dilip Kumar was arrested on spot and he disclosed the name of the petitioner who managed to escape.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.65639 of 2023(2) dt.31-10-2023 2/2 that petitioner has been falsely implicated in this case. AS per injury report, informant has received simple injury. Only an attempt of robbery was made by the petitioner and another accused person. Petitioner is in custody since 3.5.2023.

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, 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 Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ADJ 6th, Madhepura in connection with Singheshwar P.S. Case No. 75 of 2023.

(Sunil Kumar Panwar, J) sushma/- U