Rishu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79090 of 2023 Arising Out of PS. Case No.-440 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== Rishu Kumar Son Of Amit Kumar Singh @ Amit Kumar Ray R/O Vill - Narepur Dharampur, P.S. - Bachhwara, Dist. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 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 120(B), 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged by the informant that while he was returning from his matrimonial house, two unknown persons, boarded on a motorcycle, overtook him and started firing indiscriminately, as a result of which, the informant sustained gunshot injuries.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.79090 of 2023(2) dt.15-12-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently surfaced in the present case on his self confessiona made in connection with Barauni (Chakiya) P.S. Case No. 438 of 2022 which has no evidentiary value in the eye of law. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. There is no eye witness to the occurrence. The petitioner has still not been put on T.I.P. The petitioner has been remanded in this case on 09.05.2023 and since then he is in custody.

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

Patna High Court CR. MISC. No.79090 of 2023(2) dt.15-12-2023 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni (Chakia) P.S. Case No. 440 of 2022.

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