Ramchandra Kunwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65050 of 2022 Arising Out of PS. Case No.-98 Year-2019 Thana- BARARI District- Katihar ====================================================== Ramchandra Kunwar, Son Of Lal Bahadur Kunwar @ Bahadur Kunwar R/O Village- Bakharpur, P.S.- Pirpaiti, District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar Chaurasia, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 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 a case registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation against the petitioner along with others is of killing the brother of the informant by causing firearm injury.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to previous enmity. He submitted that
Patna High Court CR. MISC. No.65050 of 2022(3) dt.20-03-2023 2/3 from the bare perusal of the FIR the allegation of firing of the other co-accused is named but the petitioner is not named in the FIR and there is no any incriminating article has been recovered from possession of the petitioner. There is no consistent evidence brought on record to show the involvement of the petitioner in the alleged crime. Learned counsel for the petitioner further submits that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 23.02.2023 passed in Cr.Misc. No. 66817 of 2022. The petitioner is accused in two more cases, out of which he is on bail, as stated in para-3 of the bail petition. It is also submitted that petitioner is languishing in judicial custody since 01.07.2022.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration 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 in connection with Barari P.S. Case No. 98 of 2019 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
Patna High Court CR. MISC. No.65050 of 2022(3) dt.20-03-2023 3/3 Additional Chief Judicial Magistrate-V, Katihar. (Sunil Kumar Panwar, J) Arish/- Sushma/- U T