Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9441 of 2024 Arising Out of PS. Case No.-344 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Pintu Kumar S/o Dev Muni Singh (Yadav) R/o Vill - Birpur, P.S. - Shahpur, Dist. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Malti Kumari, Adv.

For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with G.R. No.4539 of 2023 arising out of Shahpur P.S. Case No.344 of 2023 lodged under Section 392 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against three unknown accused persons against whom there is allegation of snatching the bag with cash rupees on the gun point.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner is not named in the F.I.R. and his name has figured in this case by virtue of confessional statement of coaccused.

Patna High Court CR. MISC. No.9441 of 2024(2) dt.20-02-2024 2/3

5. Counsel further submits that nothing incriminating has been recovered from the possession of the petitioner nor he was put on T.I.P.. He submits that petitioner is in custody since 22.11.2023 having one criminal case pending against him in which he is on bail. He further submits that the section under which the case has been filed, is magisterial triable in nature.

6. Counsel also submits that the other co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 10.01.2024 passed in Cr. Misc. No. 81900/2023.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-1st, Bhojpur at Ara, in connection with G.R. No.4539 of 2023 arising out of Shahpur P.S. Case No. 344 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

9. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not

Patna High Court CR. MISC. No.9441 of 2024(2) dt.20-02-2024 3/3 absconding in any of the cases pending against him whose details are as follows:- i. Udwantnagar P.S. Case No. 378 of 2020.

(Dr. Anshuman, J.) Prakashmani/- U T