Patna High CourtCR. MISC./14303/2024bail granted

Pawan Kumar v. The State Of Bihar

2024-03-04Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14303 of 2024 Arising Out of PS. Case No.-313 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== Pawan Kumar, aged about 20 years, Male Son of Upendra Sah, Resident of Village-Hasanpur, Bairiya, P.S.-Kundwa Chainpur, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ghorasahan PS Case No. 313 of 2023 instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner is to have committed loot of Rs. 64,700/- on the point of pistol.

4. Learned counsel for the petitioner submits that the petitioner is innocent has committed no offence and has falsely been implicated in this case. Petitioner is not named in the FIR and on the confessional statement of co-accused Malkhan Singh, he has been implicated in this case. Neither he has been

Patna High Court CR. MISC. No.14303 of 2024(2) dt.04-03-2024 2/3 arrested on the spot nor any incriminating articles have been recovered from the conscious possession of the petitioner. Petitioner is in custody since 31.07.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, case diary and impugned order of the learned Sessions Judge, East Champaran, Motihari dated 21.12.2023, it appears that petitioner's name surfaced in the confessional statement of co-accused, nothing incriminating articles have been recovered from his conscious possession and similarly situated co-accused person namely, Raushan Kumar has been granted bail by a Bench of this Court in Cr. Misc. No. 13987 of 2024 vide order dated 01.03.2024, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Ghorasahan PS Case No. 313 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet

Patna High Court CR. MISC. No.14303 of 2024(2) dt.04-03-2024 3/3 has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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