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Patna High CourtCR. MISC./11505/2024bail granted

Ravi Kumar v. The State Of Bihar

2024-02-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11505 of 2024 Arising Out of PS. Case No.-464 Year-2023 Thana- GURUA District- Gaya ====================================================== Ravi Kumar S/o Mathura Yadav R/o Vill - Lohadi, P.S. - Goh, Dist. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gurua P.S. case No. 464 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that three unknown miscreants boarded on a Apache motorcycle looted cash of Rs. 87,376/-, one tab and mobile phone of the informant on gunpoint and fled away.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case only on the basis of confessional

Patna High Court CR. MISC. No.11505 of 2024(2) dt.23-02-2024 2/2 statement of the co-accused Santu Kumar. Learned counsel further submitted that T.I.P. has not been conducted till date. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that except the confessional statement of the co-accused, there is no material against this petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.10.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gurua P.S. case No. 464 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T