Ravindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78141 of 2023 Arising Out of PS. Case No.-189 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== Ravindra Kumar Son Of Late Tuntun Mandal Resident Of VillagePannuchak, Ps- Ghogha, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 396 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, the informant alleged that some miscreants were committing loot in Monte Karlo Company and in course of loot, one Subodh Yadav was caught hold by 10-12 unknown miscreants and shot dead by them. Accordingly, the present case was lodged.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely

Patna High Court CR. MISC. No.78141 of 2023(3) dt.24-01-2024 2/3 been implicated in this case on the basis of confessional statement of co-accused namely, Suman Kumar before police which is inadmissible in the eye of law. No any robbed article is recovered from conscious possession of the petitioner rather only one country made pistol recovered from him. It is also submitted that the petitioner has not been put on TI Parade. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 11.08.2023 passed in Cr. Misc. No. 51071 of 2023. The petitioner has got no criminal antecedent as stated in para-3 of the petition. Moreover, he is languishing in judicial custody since 6.4.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sabour P.S. Case No. 189 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.78141 of 2023(3) dt.24-01-2024 3/3 amount each to the satisfaction of learned C.J.M., Bhagalpur.

(Sunil Kumar Panwar, J) sushma/- U