Gautam Kumar @ Ram Ratan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62659 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- BIRUPUR District- Lakhisarai ====================================================== Manish Kumar @ Chunnu Son Of Pinku Singh @ Pinku Kumar Resident Of Village - Jaitpur, P.S. - Barahiya, District - Lakhisarai ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 69334 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- BIRUPUR District- Lakhisarai ====================================================== Gautam Kumar @ Ram Ratan Singh Ramashish Singh Alis Devan Singh Village- Jaitpur, Ps- Barahiya, District- Lakhisarai ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 62659 of 2023) For the Petitioner/s :
Mr.Deep Anshuman For the Opposite Party/s :
Mr.Ram Sumiran Rai (In CRIMINAL MISCELLANEOUS No. 69334 of 2023) For the Petitioner/s :
Mr.Mukesh Kumar For the Opposite Party/s :
Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 302, 307, 326, 120(B) of the Indian Penal Code and Section 27 of Arms
Patna High Court CR. MISC. No.62659 of 2023(3) dt.03-11-2023 2/3 Act.
3. The prosecution case in nutshell is that petitioners along with other co-accused persons surrounded the informant and his family members and started indiscriminate firing due to which One Sharvan Kumar died on the spot whereas the informant, his cousin brother Anshu and Anand Mohan sustained firearm injuries.
4. It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioners rather one country made pistol was recovered from the house of coaccused Raman Kumar. The allegation of firing is against coaccused persons. The allegation against the petitioners is that they are member of mob. Moreover, petitioners are languishing in judicial custody for more than 6 months. Similarly situated several co-accused persons have been granted bail by this Court as well as co-ordinate Bench of this Court.
Patna High Court CR. MISC. No.62659 of 2023(3) dt.03-11-2023 3/3
5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Birupur P.S. Case No. 17 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Lakhisarai.
(Sunil Kumar Panwar, J) Nirajkrs/- U T