Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4936 of 2023 Arising Out of PS. Case No.-54 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== BITTU KUMAR S/O UMESH PASWAN Resident of Village- Katheya, Bishunpur Tola, Semrahi, P.S.- Jagadishpur, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Majhauliya P.S. Case No. 54 of 2022 dated 20.01.2022 registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code. As per the prosecution case, four unknown miscreants are alleged to have taken away the tractor leaving the trolley after tying the informant to a tree.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.4936 of 2023(2) dt.05-05-2023 2/3 the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the coaccused Pradeep Kumar who has already been granted bail by the Co-ordinate Bench of this Court vide order dated 04.02.2023 passed in Cr. Misc. No. 62330 of 2022. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 01.08.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 54 of 2022, with the condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.4936 of 2023(2) dt.05-05-2023 3/3 The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T