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Patna High CourtCR. MISC./4558/2022bail granted

Bibhishan Kumar v. The State Of Bihar

2022-04-01Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4558 of 2022 Arising Out of PS. Case No.-63 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== BIBHISHAN KUMAR SON OF MUSAFIR YADAV @ MUSHAFIR YADAV RESIDENT OF VILLAGE- FULKAHA, WARD NO. 05, P.O.- CHIKNI, P.S.- GAMHARIYA, DISTRICT- MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-04-2022 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Madhepura P.S. Case No. 63 of 2021, registered for the offence under Section 395 of the Indian Penal Code and Section 27 of the Arms Act. As per the F.I.R., on 20.01.2021 at about 10 PM, while the informant was sitting in his shop, six persons riding on two motorcycles came there and on the point of gun, looted cash of Rs. 4,50,000/- and thereafter, fled away.

It is submitted on behalf of petitioner that name of petitioner transpired during course of investigation on confessional statement of co-accused Kanhaiya Kumar, who has already been granted bail by this court vide order dated 31.01.2022 passed in Cr. Misc. No. 57117/2021. It is further

Patna High Court CR. MISC. No.4558 of 2022(2) dt.01-04-2022 2/2 submitted that no incriminating article has been recovered from the possession of petitioner and till date, he has not been put on T.I.P. Petitioner has got clean antecedent and he is in custody since 27.08.2021.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhepura in connection with Madhepura P.S. Case No. 63 of 2021. (Prabhat Kumar Singh, J) BKS/- U T