← Library
Patna High CourtCR. MISC./64164/2022allowed

Rakesh Singh @ Bhim Singh v. The State Of Bihar

2023-02-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64164 of 2022 Arising Out of PS. Case No.-188 Year-2015 Thana- RIVILGANJ District- Saran ====================================================== Rakesh Singh @ Bhim Singh S/O Mukur Singh R/O Village- Nayaka Barka Baiju Tola, P.S- Rivilganj, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Rivilganj P.S. Case No. 188 of 2015 registered under sections 341, 323, 384, 427, 504 and 34 of the Indian Penal Code.

Prosecution case in short is that when informant who is driver of the truck loaded banana from Nawgachhiya and proceeded for Varanasi. In the meantime, the co-accused persons including this petitioner stopped the truck of the informant and demanded 500/- as subscription of Durga Puja. The informant offered Rs.100/- on which the accused persons started abusing and assaulted him with danda and broke the glass pain of the truck and took out 2000/- from his pocket.

Patna High Court CR. MISC. No.64164 of 2022(2) dt.24-02-2023 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. There is no any incriminating article has been recovered from the possession of the petitioner and also he was not arrested on spot. There is no specific allegation levelled against him.. It is further submitted that other co-accused persons have already been granted bail by learned court below. He is languishing in judicial custody since 29.10.2021.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rivilganj P.S. Case No. 188 of 2015 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Saran.

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