Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9320 of 2024 Arising Out of PS. Case No.-120 Year-2023 Thana- PUSA District- Samastipur ====================================================== Randhir Kumar Son Of Suresh Ray R/O-Mahamada Harpur (Chandani Chowk) Ward No. 09, P.S.-PUSA, Distt.-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Jitendra Sinha, Advocate For the State :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Pusa P.S. Case No. 120 of 2023 instituted for the offence under Section 392 of the Indian Penal Code.

3.

As per prosecution case, auto of the informant was boarded by three unknown miscreants and on the point of pistol miscreants snatched his phone and taken away his auto. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03-11-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.9320 of 2024(2) dt.20-02-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has surfaced in this case due to confessional statement of coaccused, namely, Vijay Paswan. It is alleged that mobile phone has been recovered from the possession of the petitioner. But, submission of the petitioner counsel is that the petitioner has purchased the same from Vijay Paswan. No T.I. parade has been conducted in the instant case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of implication, this Court is inclined to grant bail to the petitioner. 8.

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 Pusa P.S. Case No. 120 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T