Patna High CourtCR. MISC./75383/2023allowed

Ram Babu Rai v. The State Of Bihar

2023-12-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75383 of 2023 Arising Out of PS. Case No.-227 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== RAM BABU RAI S/o- Krishan Murari Ray R/o Vill - Kalyanpur, P.S.- Kalyanpur, District - Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 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 sections 324, 326, 307, 120(B), 34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27, 35 of the Arms Act.

3. As per prosecution case, while the deputed constables were bringing the accused persons of difference cases for production in the court, in the meantime, some culprits started firing which hit two of the accused persons due to they sustained injuries.

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

Patna High Court CR. MISC. No.75383 of 2023(4) dt.02-12-2023 2/2 on suspicion and thereafter, his confessional statement was recorded. The confession before police is not admissible in the eye of law. The petitioner was not put on TI Parade till date. He has falsely been made accused in the case. It is further submitted that the petitioner is languishing in judicial custody since 1.9.2023.

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 him on bail. The above named petitioner is directed to be released on bail in connection with Town P.S. Case No. 227 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Samastipur.

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