Prabhakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2629 of 2022 Arising Out of PS. Case No.-506 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== PRABHAKAR KUMAR Son of Sanjay Mishra @ Sanjay Kumar Mishra Resident of Village - Chaknuran, P.S.- Bochha, Dist.- Muzaffarpur, At Present Athri, P.S.- Runnisaidpur, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasia, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 07.10.2021, charge-sheet has been submitted and has antecedent of one case.

The informant alleges that on 21.09.2021 while he was returning after collecting money, he was intercepted by four unknown motorcycle borne criminals who looted Rs.1,24,916/- along with one mobile and one tab of the informant and fled away from the place of occurrence.

Learned counsel for the petitioner submits that the FIR

Patna High Court CR. MISC. No.2629 of 2022(2) dt.25-05-2022 2/2 was against unknown and the petitioner was arrested based on suspicion and thereafter he was made to confess his participation in the present occurrence. Learned counsel further submits that though the police during course of investigation alleges that the looted tab was recovered from the possession of the petitioner but from perusal of para 55 of the case diary, it would manifest that the tab recovered from the petitioner was different one and was not the looted tab. Learned counsel also submits that despite being in custody, the petitioner was not put on T.I. Parade.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 07.10.2021, charge-sheet has been submitted and was not put on T.I. Parade, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Runnisaidpur P.S. Case No. 506 of 2021.

(Satyavrat Verma, J) Kundan/- U T