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Patna High CourtCR. MISC./547/2025bail granted

Ramashish Kumar @ Ashish Kumar @ Shutar Baba v. The State Of Bihar

2025-05-09Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.547 of 2025 Arising Out of PS. Case No.-814 Year-2023 Thana- BEUR District- Patna ====================================================== Ramashish Kumar @ Ashish Kumar @ Shutar Baba S/o- Jitendra Prasad Yadav R/o - Mahrana, P.S - Dharhara, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Informant : Mr. Satish Chandra, Advocate For the State :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-05-2025 Heard Mr. Ghanshyam Tiwary, learned counsel for the petitioner, Mr. Satish Chandra, learned counsel for the Informant and Mr. Anil Kumar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 09.01.2024, in connection with Beur P.S. Case No. 814 of 2023, F.I.R. dated 08.12.2023 registered for the offences punishable under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. According to the prosecution case, the husband of the informant was shot dead by three unknown persons who came on motorcycle while the informant's husband along with his friend was walking.

4. Learned counsel for the petitioner submits that the

2/4 petitioner is innocent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of the confessional statement of co-accused person namely Pravin Kumar Singh @ Jhunnu Singh and the petitioner has been made accused in the present case on the basis of Beur P.S. Case No. 821 of 2023 because the co-accused has confessed in Beur P.S. Case No. 821 of 2023 in which the petitioner was in custody since 11.12.2023 and in the present case he was remanded on 09.01.2024.

He further submits that except the confessional statement of co-accused person, no other cogent material has come during investigation to suggest the involvment of the petitioner in the present occurrence and apart from that similarly situated co-accused person namely Dheeraj Sisngh @ Baba @ Dheeraj Kumar has been granted bail by this Court vide order dated 28.02.2025 passed in Cr. Misc. No. 80052 of 2024 and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 09.01.2024.

5. Learned counsel for the Informant as well as learned Additional Public Prosecutor for the State on the basis of material available on record and the case diary has

3/4 vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that the petitioner has escaped from the place of occurrence and apart from that the bail of co-accused person namely Pravin Kumar Singh @ Jhunnu Singh has been rejected by this Court vide order dated 18.09.2024 passed in Cr. Misc. No. 40378 of 2024.

6. Considering the facts and circumstances of the case as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Patna in connection with Beur P.S. Case No. 814 of 2023, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall

4/4 verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T