Patna High CourtCR. MISC./14153/2021bail granted

Kamlesh Kumar v. The State Of Bihar

2021-07-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14153 of 2021 Arising Out of PS. Case No.-90 Year-2020 Thana- MUSRIGHRARI District- Samastipur ====================================================== Kamlesh Kumar S/o Ram Karan Singh R/o Village- Baghi, P.S.- Baghi, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Aprajita, Adv.

For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-07-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Musrighrari P.S. Case no. 90 of 2020 registered under section 392 of the Indian Penal Code.

As per allegation in the F.I.R., four accused persons looted Tata 407 being driven by the informant's father after taking him to the Lichi orchard. It is further stated that some of the stolen articles were recovered from the Alto car and from the names being taken by the accused persons, he heard the names of Akhilesh and Kamlesh.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and

Patna High Court CR. MISC. No.14153 of 2021(2) dt.22-07-2021 2/2 concocted. The petitioner has been falsely implicated in the case. He has not been put on T.I. Parade. He has no criminal antecedent and is in custody since 20.8.2020. Charge sheet has been submitted in the case.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including investigation in the case having concluded and the petitioner having remained in custody for more than 11 months, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Musrighrari P.S. Case no. 90 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, District- Samastipur.

(Partha Sarthy, J) Bibhash U