Prashant Kumar @ Hari Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5020 of 2025 Arising Out of PS. Case No.-179 Year-2024 Thana- ALOULI District- Khagaria ====================================================== Prashant Kumar @ Hari Thakur Son of Shri Lal Thakur Resident of VillagePO- Raun, P.S.- Alauli, Distt.- Khagaria, Bihar-848203 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Alauli P.S. Case No. 179 of 2024 registered for the offences under Section 394 of the Indian Penal Code.

3. As per prosecution case, four persons dashed the motorcycle of the informant and snatched Rs. 3,000/- and mobile phone of the informant. They also snatched the motorcycle of the uncle of the informant. The name of the petitioner transpired during investigation as one of the miscreants.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The name of the petitioner has

Patna High Court CR. MISC. No.5020 of 2025(2) dt.12-02-2025 2/3 not been initially mentioned in the FIR and his name transpired merely on suspicion. The confessional statement of the petitioner was recorded and he has been made accused in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner and no Test Identification Parade has been conducted by the police. Investigation has been completed and the police submitted charge-sheet against the petitioner on 14.11.2024 under Section 394 of IPC. Petitioner is in custody since 24.09.2024 and he is having antecedent of four cases but he is on bail in all such cases.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner. Learned A.P.P. submits that petitioner appears to be habitual offender and is accused in four cases of serious nature.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the name of the petitioner transpired during investigation and further considering no recovery of incriminating article from the petitioner and also considering the period of custody of the petitioner coupled with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.5020 of 2025(2) dt.12-02-2025 3/3 (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria/concerned court in connection with Alauli P.S. Case No. 179 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T