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Patna High CourtCR. MISC./72504/2022allowed

Rabi Kumar @ Ravi Singh @Ravi Kumar v. The State Of Bihar

2023-03-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72504 of 2022 Arising Out of PS. Case No.-175 Year-2021 Thana- BARH District- Patna ====================================================== Rabi Kumar @ Ravi Singh @RAVI Kumar S/O Mantu Singh @ Mantu Kumar Singh R/V- Goosai Math (Umanath), P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== 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 prayed for regular bail in a case registered for the offence punishable under section392 of the Indian Penal Code and Section 25(1-AB) of the Arms Act. As per prosecution case, while the informant was returning home after attending a funeral in the meantime four miscreants along with this petitioner stopped him and started abusing, assaulting and they also snatched his service pistol and five live cartridges and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of statement of local villagers. Neither the petitioner put on TIP

Patna High Court CR. MISC. No.72504 of 2022(2) dt.20-03-2023 2/2 nor any incriminating articles have been recovered from his conscious possession. Similarly situated, co-accused Manish Kumar @ Manish Singh has already been granted bail by a coordinate Bench of this Court vide order dated 04.04.2022 passed in Cr. Misc. No 4754 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 21.09.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody of this 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 Barh P.S. Case No. 175 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Barh, Patna.

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