Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2874 of 2019 Arising Out of PS. Case No.-244 Year-2018 Thana- BIKRAMGANJ District- Rohtas ====================================================== Pintu Kumar Guddu Tiwari Resident of village- Babhangama, P.SKrishnagarh Saraya, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Malay Kumar Choudhary For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bikramganj P.S. Case No. 244 of 2018, registered for the offence punishable under Section 392 of the Indian Penal Code.

The allegation is regarding unknown persons having apprehended the informant and snatched a sum of Rs. 1,00,000/-, when the informant was going to his residence after withdrawing the money from the Bank.

The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case inasmuch as no Test

Patna High Court Cr.Misc. No.2874 of 2019(2) dt.22-01-2019 2/3 Identification Parade either of the money seized by the police has been conducted nor his identification has been proved hence, the petitioner cannot be said to be having any complicity in the matter. It is further submitted that in any view of the matter, the said money which was recovered from the bag of the petitioner and seized by the police already stands deposited with the Malkhana of the concerned court, hence, no prejudice would be caused in case, the petitioner is granted bail. It is further submitted that the petitioner is having a clean antecedent and he is languishing in custody since 28.06.2018. It is further submitted that similarly situated co-accused person has already been granted bail by a coordinate Bench of this Court by an order dated 18.01.

2019 passed in Criminal Miscellaneous No. 68 of 2019. Having regard to the facts and circumstances of the case and also the fact that similarly situated co-accused person has been allowed bail by this Court, I deem it fit and proper to enlarge the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.J.

Patna High Court Cr.Misc. No.2874 of 2019(2) dt.22-01-2019 3/3 Judicial Magistrate, Bikramganj (Rohtas) in connection with Bikramganj P.S. Case No. 244 of 2018.

(Mohit Kumar Shah, J) ajay gupta/- U T