Kailash Kumar @ Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7153 of 2025 Arising Out of PS. Case No.-415 Year-2024 Thana- SULTANGANJ District- Bhagalpur ====================================================== Kailash Kumar @ Banti Kumar, Gender-Male, aged about 32 years, S/O Late Bhurat Lal Yadav @ Deepak Yadav @ Dablu Yadav, R/O Village- Nayatola Jurabganj, Police Station- - Korha, District- Katihar. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party :

Mr. Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sultanganj P.S. Case No. 415 of 2024 dated 04.09.2024 registered for the offences punishable under Sections 309(4) read with Section 3(5) of the B.N.S., 2023.

3. As per the prosecution case, on 04.09.2024 at about 9.00 A.M., the petitioner and the other co-accused person Ramesh Kumar riding on the motorcycle, snatched the golden chain from the neck of the informant. The petitioner was apprehended and from the pocket of his pant, the said golden chain of the informant was recovered and the co-accused person Ramesh Kumar fled away from there.

Patna High Court CR. MISC. No.7153 of 2025(2) dt.04-03-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the seized golden chain which has been alleged to be recovered from his pocket does not belong to the petitioner rather the other co-accused, namely, Ramesh Kumar, has given it to him. The petitioner has been made accused in the present case on the basis of his self confessional statement made before the police and except his confessional statement, there is no other substantive evidence to suggest his implication in the present case. No incriminating article has been recovered from his possession. The motorcycle in question also does not belong to the petitioner. The petitioner has one criminal antecedent in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 06.09.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, 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 C.J.M.,

Patna High Court CR. MISC. No.7153 of 2025(2) dt.04-03-2025 3/3 Bhagalpur in connection with Sultanganj P.S. Case No. 415 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T