Ramu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2554 of 2024 Arising Out of PS. Case No.-129 Year-2019 Thana- BAISI District- Purnia ====================================================== Ramu Kumar, son of Bablu Sah @ Awadh Kumar Gupta, Resident of VillagePawana, Anchal P.S.- Pawana, Distt- Bhojpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nishant Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Bayasi P.S. Case No. 129 of 2019 dated 23.06.2019 instituted for the offence punishable under Sections 324, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that on 23.06.2019, the informant along with his team were checking vehicles against the illegal liquor. At 13.40 hrs, they tried to stop two motorcycles; out of which one motorcycles fled away, while pillion driver of the second motorcycle fired upon the informant, which hit on his waist, causing injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No.2554 of 2024(2) dt.07-02-2024 2/2 case. It is further submitted that First Informant Report has been lodged against the four unknown persons. The petitioner has been made accused in this case only on the basis of confessional statement of co-accused Krish Kumar @ Babloo. Nothing has been recovered from the physical and conscious possession of the petitioner. The petitioner has been made accused in this case only on suspicion. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Baisi P.S. Case No. 129 of 2019, he will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Spl. Judge Excise, Court No. 1, Purnea subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) premchand/- U T