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Patna High CourtCR. MISC./80362/2023allowed

Rahul Kumar Singh v. The State Of Bihar

2024-01-15Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80362 of 2023 Arising Out of PS. Case No.-117 Year-2023 Thana- BARARI District- Katihar ====================================================== Rahul Kumar Singh Son Of Randhir Prasad Singh Resident Of Village - Hawai Adda, P.S.- Katihar, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Singh For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 394 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that cash of Rs. 9000/- of the informant and motorcycle were robbed by three unknown criminals. The accused persons also shot at the informant which hit on his thigh.

Patna High Court CR. MISC. No.80362 of 2023(3) dt.15-01-2024 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R nor he was apprehended from the spot. The petitioner has been roped in the present case only on the confessional statement of co-accused persons which has no evidentiary value in the eye of law. Moreover, nothing has been recovered from the conscious possession of the petitioner and the petitioner has still not been put on T.I.P. The petitioner is languishing in custody since 07.06.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.80362 of 2023(3) dt.15-01-2024 3/3 Magistrate, Katihar in connection with Barari P.S. Case No. 117 of 2023.

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