Patna High CourtCR. MISC./8291/2024bail granted

Nagina Chaudhary v. The State Of Bihar

2024-02-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8291 of 2024 Arising Out of PS. Case No.-155 Year-2020 Thana- ALOULI District- Khagaria ====================================================== Nagina Chaudhary Son of Aamlal Chaudhary Resident of Village-Kanti, P.S.- Salkhua, District-Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Alauli P.S. Case No. 155 of 2020 (G.R. No. 1506 of 2020) instituted for the offences under Section 394 of the Indian Penal Code.

3. As per prosecution case, four unknown miscreants have assaulted the Informant with lathi and snatched his mobile, Rs. 5,200/- and clothes. It is also alleged that one of the miscreants had put arms on his Kanpatti.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. rather his name has surfaced in this case on the basis of confessional

Patna High Court CR. MISC. No.8291 of 2024(2) dt.19-02-2024 2/2 statement of co-accused Santosh Mahto. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. No TIP has been conducted in this case. The petitioner has four criminal antecedents and in all of them, he is on bail. The petitioner is languishing in judicial custody since 22.08.2023. Charge-sheet has been submitted in this case.

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

7. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Alauli P.S. Case No. 155 of 2020 (G.R. No. 1506 of 2020).

(Rudra Prakash Mishra, J) rishi/- U T