Ravi Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4713 of 2023 Arising Out of PS. Case No.-199 Year-2022 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== RAVI KUMAR MISHRA Son of UMA SHANKAR MISHRA Resident of Village - Champawati (Ward no.10), P.S.- Sarsi, Distt.- Purnea. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Sujeet Paswan Son of Late Sant Lal Paswan Resident of Village - Jharka Baretha, P.S.- Barari, Distt.- Katihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pawan Kumar Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State.

2. The instant appeal has been filed by the appellant against the order dated 19.9.2023 passed by learned Additional District & Sessions Judge-cum-Special Judge (SC/ST Act), Katihar, whereby the prayer for bail of the appellant in connection with Katihar Muffasil P.S. Case no. 199 of 2022 under Section 302 of the Indian Penal Code, section 27 of the Arms Act and sections 3(i)(r)(s) of SC/ST Act was rejected.

3. According to prosecution case, the brother of the informant was shot dead by unknown miscreants and informant found his dead body lying in Sadar Hospital.

Patna High Court CR. APP (SJ) No.4713 of 2023(2) dt.09-11-2023 2/3

4. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in this case. He is not named in the FIR rather his name has came into light during course of investigation. No one is eye witness of the alleged occurrence. It is also submitted vide para-8 of the petition that during course of trial, out of eight charge-sheeted witnesses, altogether four witnesses have been examined on behalf of prosecution who have not supported the prosecution case. No offence is made out under the provisions of the SC/ST Act against him. It is also submitted that the petitioner is languishing in judicial custody since 4.11.2022.

5. The appeal for bail is opposed by learned Spl. P.P. for the State.

6. Having heard learned counsel for the parties and considering the aforesaid facts and circumstance of the case, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 19.9.2023 passed in Katihar Muffasil P.S. Case no. 199 of 2022 is hereby set aside.

7. The appellant is directed to be enlarged on bail in connection with Katihar Muffasil P.S. Case no. 199 of 2022 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. APP (SJ) No.4713 of 2023(2) dt.09-11-2023 3/3 the learned 1st Additional District & Sessions Judge-cumSpecial Judge (SC/ST Act), Katihar. (Sunil Kumar Panwar, J) Amandeep/- U T