Raman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82939 of 2024 Arising Out of PS. Case No.-867 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Raman Kumar S/o Rameshwar Paswan R/o Village- Rampur Fago, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Jha, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Muzaffarpur Sadar P.S. Case No. 867 of 2023 instituted for the offence under Section 392 of the Indian Penal Code. 3.

As per prosecution case, allegation against the petitioner and others is of committing dacoity in the house of the informant.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-06-2024. Petitioner bears one criminal antecedent, as per disclosure made in

Patna High Court CR. MISC. No.82939 of 2024(3) dt.19-02-2025 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement of co-accused, namely, Rohit Kumar. No incriminating article has been recovered from the possession of the petitioner. Recovery is made from other co-accused persons. Petitioner was not put on T.I. Parade. Charge sheet has been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to paragraph No. 48 of the case diary, it is submitted that coaccused, namely, Ramnath Mahto, has confessed his guilt and recovery is made from his possession.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.82939 of 2024(3) dt.19-02-2025 3/3 Court below/concerned Court in connection with Muzaffarpur Sadar P.S. Case No. 867 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T