Kishore Kumar Bhagat @ Bittu Kumar @ Kishore Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15219 of 2021 Arising Out of PS. Case No.-100 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== Kishore Kumar Bhagat @ Bittu Kumar @ Kishore Bhagat Son Of Lachman Bhagat @ Laxman Bhagat Singh @ Laxman Bhakt Resident Of Repura, P.S.- Bheldi, District- Chhapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-08-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Kadam Kuan P.S. Case No. 100 of 2020 registered for the offence punishable under Section 394 of the Indian Penal Code.

As per the prosecution case, petitioner along with other coaccused persons looted the house of the informant. It ia alleged that accused persons entered and dragged wife of the informant and when the informant shouted they started beating them. It is

Patna High Court CR. MISC. No.15219 of 2021(2) dt.12-08-2021 2/3 further alleged that the accused persons took away golden biscuits, golden chain, golden bangles, kangan of hands, finder of rings, white stone, laptop, mobile, Cash of Rs. 40, 000/- to 50,000/-. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He is not named in the F.I.R.. He submits that petitioner has not been put on T.I. parade till date. He submits that there is nothing in record indicating the complicity of the petitioner in the occurrence barring the confessional statement of one co-accused Manish Kumar which has no evidentiary value in the eye of law.

He further submits that similary situated co-accused person has been granted bail vide order dated 20.10.2020 in Cr. Misc. No. 27671 of 2020 by a Co-ordinate Bench of this Court. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has one criminal antecedent as has been mentioned in para 3 of the bail petition and has been languishing in custody since 05.03.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below

Patna High Court CR. MISC. No.15219 of 2021(2) dt.12-08-2021 3/3 where the case is pending/successor Court in connection with Kadam Kuan P.S. Case No. 100/20.

(Anjani Kumar Sharan, J) GAURAV S./- U T